[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 689 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 689

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

                           February 14, 2013

  Mr. Blumenauer (for himself, Mr. Rohrabacher, Mr. Polis, Ms. Lee of 
 California, Mr. Moran, Mr. Cohen, Mr. Farr, Mr. Grijalva, Mr. Nadler, 
 Mr. Hastings of Florida, Ms. Schakowsky, Mr. Honda, and Mr. Huffman) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 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 180 days 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 (21 U.S.C. 801 
        et seq.), and shall recommend a listing other than ``Schedule 
        I'' or ``Schedule II''.
            (2) Not later than one year after the date of enactment of 
        this Act, the Administrator of the Drug Enforcement 
        Administration shall, based upon the recommendation under 
        paragraph (1), issue a notice of proposed rulemaking for the 
        rescheduling of marijuana within the Controlled Substances Act, 
        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 (21 U.S.C. 301 et seq.) 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. ADMINISTRATION OF REGISTRATION REQUIREMENTS RELATED TO 
              MARIJUANA RESEARCH.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall delegate responsibility under section 303(f) 
of the Controlled Substances Act (21 U.S.C. 823(f)) for control over 
access to marijuana for research into its potential therapeutic and 
medicinal uses to an entity of the Executive Branch that is not focused 
on researching the addictive properties of substances. That entity 
shall take appropriate actions to ensure that an adequate supply of 
marijuana is available for therapeutic and medicinal research.

SEC. 5. 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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