Bill HR 3939, also known as the Truth in Trials Act is a bi-partisan bill that "enables individuals facing federal prosecution for marijuana-related offenses to provide evidence during trial that the activities they were engaged in were performed in compliance with their state’s duly-enacted medical marijuana laws."

While US President Obama has stated that the FDA will not target patients who abide by state laws, this statement is not law and could change on a whim, whether a new attorney general or new president sees things differently, or whether Obama himself gets pressure to change his stance.  This bill, the Truth in Trials Act will provide real protection for medical marijuana patients who abide by state laws and must defend themselves in a federal court case. Current law prohibits defendents in a federal court from even presenting evidence that they were compliant with state medical marijuana laws.  That alone does not seem reasonable and lawful.

Americans for Safe Access (ASA) is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.  The ASA helped to bring this bill to the table and says the legislation:

• Reaffirms States' Rights: The Truth in Trials Act is a common sense and compassionate measure that attempts to reconcile the enduring conflict between federal and state laws on a very important and private medical matter.
• Preserves Existing Laws: The Truth in Trials Act defers to existing law by providing for criminal penalties if the defendant's use of cannabis is not exclusively limited to authorized medical use.
• Restores Fundamental Fairness: The Truth in Trials Act promotes fundamental fairness by allowing medical marijuana defendants to introduce evidence that may be considered by the judge and jury.

Current Co-Sponsors of the bill include:

Farr, Sam (D-17 CA)
Baldwin, Tammy (D-2 WI)
Berkley, Shelley (D-1 NV)
Berman, Howard (D-28 CA)
Capps, Lois (D-23 CA)
Cohen, Steve (D-9 TN)
Eshoo, Anna (D-14 CA)
Frank, Barney (D-4 MA)
Grijalva, Raul (D-7 AZ)
Hinchey, Maurice (D-22 NY)
Honda, Mike (D-15 CA)
Kucinich, Dennis (D-10 OH)
McGovern, James (D-3 MA)
Michaud, Michael (D-2 ME)
Paul, Ron (R-14 TX)
Polis, Jared (D-2 CO)
Rohrabacher, Dana (R-46 CA)
Schakowsky, Janice (D-9 IL)
Stark, Pete (D-13 CA)
Sherman, Brad (D-27 CA)
Waxman, Henry (D-30 CA)
Woolsey, Lynn (D-6 CA)

Additional Resources:

• Americans for Safe Access on the Truth in Trials Act
• The "Truth In Trials" Act Fact Sheet
• Farr seeks additional protection for medical marijuana users - Santa Cruz Sentinel (Oct. 27, 2009)
• Bill would give leverage to federal medical marijuana defendants - rawstory.com (Oct. 27, 2009)