Medical Marijuana Patient Protection Act - Transfers marijuana from schedule I to schedule II of the Controlled Substances Act.
Provides that no provision of the Controlled Substances Act or the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict, in a state in which marijuana may, under state law, be prescribed or recommended by a physician for medical use: (1) a physician from prescribing or recommending marijuana for medical use; (2) an individual from obtaining, possessing, transporting, manufacturing, or using marijuana in accordance with such a prescription or recommendation; (3) an individual authorized under state law to do so from obtaining, possessing, transporting, or manufacturing marijuana on an authorized patient's behalf; (4) a pharmacy or other entity authorized to do so from obtaining, possessing, or distributing marijuana to such patients; or (5) an entity established by such a state or local government thereof to do so from producing, possessing, or distributing marijuana for such a prescription or recommendation.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2835 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2835
To provide for the medical use of marijuana in accordance with the laws
of the various States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2009
Mr. Frank of Massachusetts (for himself, Mr. Blumenauer, Mr. Farr, Mr.
McDermott, Mr. Paul, Ms. Woolsey, Mr. Rohrabacher, Mr. Grijalva, Mr.
Thompson of California, Mr. George Miller of California, Mr. Stark, Mr.
Hinchey, Mr. Olver, 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 ``Medical Marijuana Patient Protection
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 in a State in which
marijuana may be prescribed or recommended by a physician for
medical use under applicable State law--
(A) the prescription or recommendation of marijuana
by a physician for medical use;
(B) an individual from obtaining, possessing, or
transporting within their State, manufacturing or using
marijuana in accordance with a prescription or
recommendation of marijuana by a physician for medical
use by such individual hereinafter in this section
referred to as ``an authorized patient'';
(C) an individual authorized under State law to
obtain, possess, transport within their State, or
manufacture marijuana from obtaining, possessing,
transporting within their State, or manufacturing
marijuana on an authorized patient's behalf; or
(D) a pharmacy or other entity authorized under
local or State law to distribute medical marijuana to
authorized patients from obtaining, possessing or
distributing marijuana to such authorized patients.
(2) Production.--No provision of the Controlled Substances
Act shall prohibit or otherwise restrict an entity authorized
by a State or local government, 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,
processing, or 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 in a State in which
marijuana may be prescribed or recommended by a physician for medical
use under applicable State law--
(1) the prescription or recommendation of marijuana by a
physician for medical use;
(2) an individual from obtaining, possessing, or
transporting within their State, manufacturing, or using
marijuana in accordance with a prescription or recommendation
of marijuana by a physician for medical use by such individual,
hereinafter in this section referred to as ``an authorized
patient'';
(3) an individual authorized under State law to obtain,
possess, transport within their State, or manufacture marijuana
from obtaining, possessing, transporting within their State, or
manufacturing marijuana on an authorized patient's behalf; or
(4) a pharmacy or other entity authorized under local or
State law to distribute medical marijuana to authorized
patients from obtaining, possessing or distributing marijuana
to such authorized patients.
(b) Production.--No provision of the Federal Food, Drug, and
Cosmetic Act shall prohibit or otherwise restrict an entity authorized
by a State or local government, 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, processing, or 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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