Stacy Ruling Requires Action for Truth

Posted by 21pc on July 14, 2010
Earlier this week, U.S. District Court Judge Barry Ted Moskowitz denied a defense for James Stacy, a San Diego-area medical marijuana provider raided in September 2009 by the Drug Enforcement Administration (DEA),  just one month before the Department of Justice (DOJ) issued a new policy concerning medical marijuana enforcement.  Tell your Member of Congress to support important legislation that would permit Truth in Trials!



[caption id="" align="aligncenter" width="432" caption="James Stacy with San Diego ASA "]

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Despite the DOJ's new policy, medical marijuana patients and providers in states that have adopted medical marijuana laws are still vulnerable to federal arrest and prosecution.  Worse yet, these patients and providers are denied the opportunity present evidence during federal court proceedings that might demonstrate medical need and/or compliance with state and local laws.

The denial of medical marijuana defenses in federal court has attracted the attention of some Members of Congress who are working to end this unfair practice. "Despite a new Justice Department policy on medical marijuana enforcement, James Stacy was still denied a defense in federal court," said Congressman Sam Farr (D-CA), author of HR3939, the Truth in Trials Act, legislation that would allow defendants like Stacy to use evidence of state law compliance in federal court. "The Truth in Trials Act would correct this aberration of justice and ensure that no one else will needlessly face years in prison without the means to defend themselves."

Now is the time for change!  Please urge your Member of Congress to support this very important legislation.