[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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