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Bill to Assure Fair Trials for Medical Marijuana Patients Introduced in Congress -
Bipartisan Bill Would Let Defendants Show They Followed State Law

 
Marijuana Policy Project Press Release; Issued: 2005-11-09; Posted: 2005-11-10
[Identifier: http://www.doctordeluca.com/Library/WOD/WPS3-MedMj/MedMjFairTrialBill05.htm]
[Related resources: http://www.doctordeluca.com/Library/LibPages/WODjournalism-lib.htm]
[Source: http://www.mpp.org/releases/nr20051109.html]
 
See also:
WAR ON PAIN SUFFERERS Special Collection #3:  Medical Marijuana: 2000-2005
and,
"Medical Marijuana Activist [McWilliams] Facing Federal Prison Time Commits Suicide" - Drug War Chronicle #395; 2005-07-15
 

[This Article in PDF print format]

WASHINGTON, D.C.—In the wake of June's Supreme Court ruling allowing federal prosecutions of medical marijuana patients even in states where medical use of marijuana is permitted, U.S. Rep. Sam Farr (D-CA) and a bipartisan group of cosponsors have re-introduced legislation to guarantee such defendants a fair trial. The measure comes one week after the release of a new national Gallup poll in which 78% of respondents supported "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering." The Steve McWilliams Truth in Trials Act would allow individuals accused of violating federal marijuana laws to introduce evidence in federal court that they followed state law for the purpose of alleviating suffering. Defendants could be found not guilty if the jury finds that they followed state medical marijuana laws. At present, medical marijuana patients are barred from telling federal jurors that their use of marijuana was for medical purposes, even when state laws explicitly permit medical use.

The bill is named for San Diego medical marijuana patient and activist Steve McWilliams, who used marijuana to relieve the severe pain he suffered from a series of auto accidents. Facing federal prosecution for growing 25 marijuana plants in his yard, forbidden from mounting a medical-necessity defense, and unable to use the one medicine that eased his suffering for fear of being jailed, McWilliams committed suicide on July 12. [See: “California Medical Marijuana Activist Facing Federal Prison Time Commits Suicide” - Drug War Chronicle #395; 2005-07-15]

"By providing an affirmative defense for medical marijuana patients, my legislation provides a reasonable way to accommodate contradictory federal and state laws on a very important medical matter," said Rep. Farr. "I am offering a compassionate, common sense solution and I hope my colleagues in Congress will put aside their preconceptions and give it fair consideration."

"This is a matter of simple fairness," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. "Trials should be about uncovering the truth, not about censoring facts the government dislikes. Jurors deserve to hear accurate information before making grave decisions about the fates of people who, in many cases, have dedicated their lives to assisting sick and dying patients."

With more than 18,000 members and 120,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP works to minimize the harm associated with marijuana—both the consumption of marijuana and the laws that are intended to prohibit such use. MPP believes that the greatest harm associated with marijuana is imprisonment. For more information, please visit www.MarijuanaPolicy.org.

[This Article in PDF print format]