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Medical marijuana trial evidence bill reintroduced

A California member of Congress re-introduced a bill yesterday to let federal criminal defendants use medical marijuana evidence at trial.

The U.S. Supreme Court’s 2005 ruling in the Oakland-based Gonzalez v. Raich case gave the federal government discretion to enforce its ban on marijuana even in states with laws allowing its medical use, and let federal prosecutors exclude all evidence of compliance with state law from federal marijuana trials.

“The federal government has tilted the scales of justice towards conviction by denying medical marijuana defendants the right to present all of the evidence at trial,” Rep. Sam Farr, D-Carmel, said in a news release issued by Oakland-based Americans for Safe Access. “My bill would restore due process rights to law abiding citizens acting within the parameters of state and local laws. Juries should hear the entire story of a patient’s medical marijuana use before choosing to convict, not the heavily edited version they currently hear.”

Farr’s H.R. 6134, the “Truth in Trials Act,” has 18 cosponsors including Reps. Barbara Lee, D-Oakland; George Miller, D-Martinez; Pete Stark, D-Fremont; and Lynn Woolsey, D-Petaluma, as well as Ron Paul, R-Texas, and Dana Rohrabacher, R-Costa Mesa.

“The federal government should be leaving enforcement issues up to the local and state officials who designed the medical marijuana laws in the first place,” Americans for Safe Access executive director Steph Sherer said in the news release. “But, as long as the Justice Department is going to arrest and prosecute people in medical marijuana states, defendants ought to have a right to a fair trial.”

This is Farr’s fourth iteration of this bill:

  • 111th Congress – H.R. 3939 – referred to Judiciary Committee, never heard
  • 109th Congress – H.R. 4272 – referred to Judiciary and Energy & Commerce committees, never heard
  • 108th Congress – H.R. 1717 – referred to Judiciary and Energy & Commerce committees, never heard
  • Americans for Safe Access notes the Obama Administration has far surpassed the Bush Administration’s rate of indicting and prosecuting people operating under states’ medical marijuana laws, making the bill more crucial than ever.

    Josh Richman

    Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

    • RR, Senile Columnist

      Let Timmy smoke!

    • JohnW

      Considering the number of “dispensaries” and the scale of outfits like HHC, the physical condition of Californians must be as sickly as the fiscal condition of California.

      But I’ll amen to RR’s comment. Whatever it takes.