[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5842 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5842

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2008

Mr. Frank of Massachusetts (for himself, Mr. Paul, Mr. Rohrabacher, Mr. 
    Farr, and Mr. Hinchey) 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>