House Bill 3939: the Truth in Trials Act of 2009 would provide an affirmative defense in federal court for defendants whose actions were in compliance with the medical marijuana laws of their state.

Passage of House Bill 3939 would codify legal protections for defendants caught between state and federal laws, ensuring that they can cite state law as a legal defense in federal trials.

It states: "Any person facing prosecution or a proceeding for any marijuana-related offense under any Federal law shall have the right to introduce evidence demonstrating that the marijuana-related activities for which the person stands accused were performed in compliance with State law regarding the medical use of marijuana."

Said Farr: "This is a common sense bill that will help stop the waste of law enforcement and judicial resources that have been spent prosecuting individuals who are following state laws. This legislation is about fair treatment of defendants in medical marijuana trials, plain and simple."

Last month United States Deputy Attorney General David Ogden issued a memorandum to federal prosecutors directing them to not "focus federal resources ... on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."

Previous versions of the Truth in Trials Act were introduced in both the 108th and 109th Congress, but failed to receive a public hearing or a committee vote.

In June, Massachusetts Democrat Barney Frank reintroduced legislation – HR 2835: The Medical Marijuana Patient Protection Act of 2009 – authorizing the state-authorized use of medical marijuana. That bill remains pending before the House Energy and Commerce Committee.

For more information, please contact Allen St. Pierre, NORML Executive Director, at (202) 483-5500. Additional information about the Medical Marijuana Patient Protection Act of 2009 is available at NORML's Take Action Center at: http://capwiz.com/norml2/issues/alert/?alertid=14288611.