[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1983 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1983

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2011

 Mr. Frank of Massachusetts (for himself, Mr. Rohrabacher, Mr. Stark, 
and Mr. Polis) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide for the rescheduling of marijuana and 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' Medical Marijuana Patient 
Protection Act''.

SEC. 2. CONTROLLED SUBSTANCES ACT.

    (a) Schedule.--
            (1) Not later than 6 months after the date of enactment of 
        this Act, the Secretary of Health and Human Services, in 
        cooperation with the National Academy of Sciences' Institute of 
        Medicine, shall submit to the Administrator of the Drug 
        Enforcement Administration a recommendation on the listing of 
        marijuana within the Controlled Substances Act (CSA), and shall 
        recommend a listing other than ``Schedule I'' or ``Schedule 
        II''.
            (2) Not later than 12 months after the date of enactment of 
        this Act, the Administrator of the Drug Enforcement 
        Administration shall, based upon the recommendation of the 
        National Academy of Sciences, issue a notice of proposed 
        rulemaking for the rescheduling of marijuana within the CSA, 
        which shall include a recommendation to list marijuana as other 
        than a ``Schedule I'' or ``Schedule II'' substance.
    (b) Limitations on the Application of the Controlled Substances 
Act.--
            (1) In general.--No provision of the Controlled Substances 
        Act shall prohibit or otherwise restrict in a State in which 
        the medical use of marijuana is legal under State law--
                    (A) the prescription or recommendation of marijuana 
                for medical use by a medical professional or the 
                certification by a medical professional that a patient 
                has a condition for which marijuana may have 
                therapeutic benefit;
                    (B) an individual from obtaining, manufacturing, 
                possessing, or transporting within their State 
                marijuana for medical purposes, provided the activities 
                are authorized under State law; or
                    (C) a pharmacy or other entity authorized under 
                local or State law to distribute medical marijuana to 
                individuals authorized to possess medical marijuana 
                under State law from obtaining, possessing or 
                distributing marijuana to such individuals.
            (2) Production.--No provision of the Controlled Substances 
        Act shall prohibit or otherwise restrict an entity authorized 
        by a State or local government, in a State in which the 
        possession and use of marijuana for medical purposes is legal 
        from producing, processing, or distributing marijuana for such 
        purposes.

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 
the medical use of marijuana is legal under State law--
            (1) the prescription or recommendation of marijuana for 
        medical use by a medical professional or the certification by a 
        medical professional that a patient has a condition for which 
        marijuana may have therapeutic benefit;
            (2) an individual from obtaining, manufacturing, 
        possessing, or transporting within their State marijuana for 
        medical purposes, provided the activities are authorized under 
        State law; or
            (3) a pharmacy or other entity authorized under local or 
        State law to distribute medical marijuana to individuals 
        authorized to possess medical marijuana under State law from 
        obtaining, possessing, or distributing marijuana to such 
        individuals.
    (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 a State in which the possession and 
use of marijuana for medical purposes is legal 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.
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