Federal Medical Marijuana Bills Introduced Today in Anticipation of Patient-Led Congressional Lobbying Effort
Bipartisan group of Congressional members seek to reclassify marijuana for medical use, allow for 'fair' trials
Washington, D.C. -- More than a dozen Members of Congress
co-introduced legislation today that would reclassify marijuana for
medical use and provide federal defendants the right to use state
law compliance as evidence in medical marijuana trials, a right
they're currently denied. Rep. Earl Blumenauer (D-OR) authored H.R.
689, the "States’ Medical Marijuana Patient Protection Act," which
in addition to rescheduling marijuana will allow states to establish
production and distribution laws without interference by the federal
government, and will remove current obstacles to research. Rep. Sam
Farr (D-CA) authored H.R. 710, the "Truth in Trials Act," a separate bill
which seeks to overturn the prohibition on medical marijuana
evidence in federal court. Both bills were introduced in
anticipation of a national medical marijuana conference to be held
next week in Washington, D.C. during which hundreds of advocates are
expected to meet with their Congressional representatives about the
legislation.
"Nineteen jurisdictions have passed laws recognizing the importance
of providing access to medical marijuana for the hundreds of
thousands of patients who rely on it," said Congressman Blumenauer.
"It is time for the federal government to respect these decisions,
and stop inhibiting safe access." Initial co-sponsors of H.R. 689
include Representatives Cohen (D-TN), Farr (D-CA), Grijalva (D-AZ),
Hastings (D-FL), Honda (D-CA), Huffman (D-CA), Lee (D-CA), Moran
(D-VA), Nadler (D-NY), Polis (D-CO), Rohrabacher (R-CA), and
Schakowsky (D-IL). On H.R. 710, the "Truth in Trials Act," Congressman Farr
said that, "The federal government for too long has denied due
process to defendants who can demonstrate that they were using
medical marijuana legally under local or state law. This bill would
ensure that all the evidence is heard in a case and not just the
evidence that favors conviction.”
"Congress has the opportunity to establish a sensible public health
policy on medical marijuana, and do what the Obama Administration
has been afraid or unwilling to do," said Steph Sherer, Executive
Director of Americans for Safe Access (ASA), which has been working
with Members of Congress to advance this legislation. "Patient
advocates intend to push Congress to take heed of the abundant
scientific evidence showing marijuana's medical value, and act in
accordance with the overwhelming popular support this issue
receives."
H.R. 689 is partly a response to the Drug Enforcement
Administration's (DEA) recent denial of a petition to reclassify
marijuana for medical use. In 2002, the Coalition for Rescheduling
Cannabis (CRC) filed a petition, which was denied by the DEA in July
2011. The denial was appealed in January 2012 and just last month
the D.C. Circuit refused to reclassify, instead ruling in favor of
the Obama Administration's effort to keep medical marijuana out of
reach for millions of Americans. The bill also dismantles a
cumbersome and often prohibitive research application process for
medical marijuana, currently run by the National Institute on Drug
Abuse, which almost exclusively favors studies on the alleged
harmfulness of cannabis.
H.R. 710, the "Truth in Trials Act," attempts to bring 'fairness' to federal
medical marijuana trials. Because of the government's insistence
that marijuana has no medical value, federal prosecutors are easily
able to exclude any reference to medical marijuana in trials
involving cultivators and distributors who have been acting in
accordance with their own state laws. Because of this, federal
defendants are all but guaranteed a conviction at trial and, as a
result, are forced to take plea bargains that impose years of prison
time. Just in the past few months, several defendants were convicted
and sentenced to between 5-10 years in prison. Since he took office,
President Obama has been responsible for nearly 100 medical
marijuana-related prosecutions, despite establishing a Justice
Department policy that indicated he would do otherwise.
Similar versions of both bills have been introduced in prior
Congressional sessions, but the Obama Administration's aggressive
and intolerant stance on medical marijuana has brought the issue to
a head. Next week, ASA will be holding a National Medical Cannabis
Unity Conference, "Bridging the Gap Between Public & Policy," in
Washington, D.C. from February 22nd-25th. The conference will
feature medical and legal experts, Members of Congress and other
policymakers, as well as a wide array of workshops and panels
focusing on scientific research, strategic planning, and skills
building. On Monday, February 25th, ASA will host a press
conference, followed by a lobby day with hundreds of patient
advocates seeking co-sponsors and demanding policy changes of their
Congressional representatives.
Further information:
H.R. 689: States’ Medical Marijuana Patient Protection Act:
http://AmericansForSafeAccess.org/downloads/States_MMJ_Patient_Protection_Act_2013.pdf
H.R. 710: Truth in Trials Act: http://AmericansForSafeAccess.org/downloads/Truth_in_Trials_2013.pdf
Statement by Rep. Blumenauer (D-OR): http://AmericansForSafeAccess.org/downloads/Blumenauer_Statement.pdf
ASA Report on federal government's obstruction to medical marijuana
research: http://AmericansForSafeAccess.org/downloads/Research_Obstruction_Report.pdf