Washington, DC: Congressman Richard Durbin (D-IL), along with co-sponsors Patrick Leahy (D-VT) and Jim Jeffords (I-VT), introduced legislation this week in the United States Senate seeking to allow medicinal marijuana patients to raise an affirmative defense of medical necessity in federal court. The bill, S. 2989, is a companion bill to House Bill 1717, “the Truth in Trials Act,” which was introduced in April 2003 but failed to receive a hearing in the House of Representatives.
Because federal law defines marijuana as a substance without “accepted medical use,” defendants charged with violating the Controlled Substances Act may not raise evidence at trial demonstrating that their marijuana use was either medicinal and/or in compliance with state law. In recent years, federal drug enforcement agents have taken legal action against approximately 50 medicinal marijuana patients and providers – primarily in California, which legalized the possession and use of cannabis by authorized patients in 1996. Other states that have enacted laws protecting qualified patients who use marijuana are: Alaska, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Vermont and Washington.
“Under this legislation, defendants in … states with medicinal marijuana laws could be found not guilty of violating federal law if their actions are done in compliance with state law,” Senator Durbin said in a prepared statement.
Congress is anticipated to adjourn imminently without addressing S. 2989.
Later this month, the Supreme Court will hear oral arguments in a case (Raich et al. v. Ashcroft et al.) to determine whether the federal prosecution of patients who possess and cultivate marijuana for their own personal use in accordance with state law is an unconstitutional exercise of Congress’ Commerce Clause authority.
For more information, please contact Keith Stroup, NORML Executive Director, at (202) 483-5500.