States' Rights to Medical Marijuana Act

States' Rights to Medical Marijuana Act - Transfers marijuana from schedule I to schedule II of the Controlled Substances Act.

Provides that the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act shall not, in a state in which marijuana may legally be prescribed or recommended by a physician for medical use, prohibit or otherwise restrict: (1) a physician from prescribing or recommending marijuana for medical use; (2) an individual from obtaining and using marijuana from a prescription or recommendation by a physician for medical use; (3) a pharmacy from obtaining and holding marijuana for such a prescription or recommendation; and (4) an entity established by a state from producing and distributing marijuana for such a prescription or recommendation.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2087 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2087

To provide for the medical use of marijuana in accordance with the laws 
                         of the various States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2005

Mr. Frank of Massachusetts (for himself, Mr. Paul, Mr. Rohrabacher, Mr. 
   Farr, Mr. Sanders, Mr. Kucinich, Mr. Abercrombie, Mr. Wexler, Mr. 
 Waxman, Mr. Hinchey, Mr. George Miller of California, Mr. McDermott, 
Ms. Schakowsky, Ms. Woolsey, Mr. DeFazio, Mr. McGovern, Mr. Blumenauer, 
Ms. Lee, Mr. Case, Mr. Grijalva, Mr. Udall of Colorado, Mr. Stark, Mr. 
Capuano, Ms. Jackson-Lee of Texas, Ms. Eshoo, Mr. Honda, Mr. Olver, Mr. 
Moran of Virginia, Mr. Andrews, Ms. Linda T. Sanchez of California, and 
 Ms. Baldwin) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide for the medical use of marijuana in accordance with the laws 
                         of the various States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``States' Rights to Medical Marijuana 
Act''.

SEC. 2. CONTROLLED SUBSTANCES ACT.

    (a) Schedule.--Marijuana is moved from schedule I of the Controlled 
Substances Act to schedule II of such Act.
    (b) Prescription or Recommendation.--
            (1) In general.--No provision of the Controlled Substances 
        Act shall prohibit or otherwise restrict--
                    (A) the prescription or recommendation of marijuana 
                by a physician for medical use,
                    (B) an individual from obtaining and using 
                marijuana from a prescription or recommendation of 
                marijuana by a physician for medical use by such 
                individual, or
                    (C) a pharmacy from obtaining and holding marijuana 
                for the prescription or recommendation of marijuana by 
                a physician for medical use under applicable State law
        in a State in which marijuana may be prescribed or recommended 
        by a physician for medical use under applicable State law.
            (2) Production.--No provision of the Controlled Substances 
        Act shall prohibit or otherwise restrict an entity established 
        by a State, in which marijuana may be prescribed or recommended 
        by a physician for medical use, for the purpose of producing 
        marijuana for prescription or recommendation by a physician for 
        medical use from producing and distributing marijuana for such 
        purpose.

SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) In General.--No provision of the Federal Food, Drug, and 
Cosmetic Act shall prohibit or otherwise restrict--
            (1) the prescription or recommendation of marijuana by a 
        physician for medical use,
            (2) an individual from obtaining and using marijuana from a 
        prescription or recommendation of marijuana by a physician for 
        medical use by such individual, or
            (3) a pharmacy from obtaining and holding marijuana for the 
        prescription or recommendation of marijuana by a physician for 
        medical use,
in a State in which marijuana may be prescribed or recommended by a 
physician for medical use under applicable State law.
    (b) Production.--No provision of the Federal Food, Drug, and 
Cosmetic Act shall prohibit or otherwise restrict an entity established 
by a State, in which marijuana may be prescribed or recommended by a 
physician for medical use, for the purpose of producing marijuana for 
prescription or recommendation by a physician for medical use from 
producing and distributing marijuana for such purpose.

SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.

    This Act does not affect any Federal, State, or local law 
regulating or prohibiting smoking in public.
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