109 HR 2087 IH: States’ Rights to Medical Marijuana Act U.S. House of Representatives 2005-05-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 2087 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. Sánchez 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.

1.

Short title

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

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 lawin 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.

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.

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.