I

108TH CONGRESS

1ST SESSION H. R. 2233

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

of the various States.

IN THE HOUSE OF REPRESENTATIVES

MAY 22, 2003

Mr. FRANK of Massachusetts (for himself, Mr. PAUL, Mr. ROHRABACHER, Ms.

SCHAKOWSKY, Mr. ANDREWS, Ms. BALDWIN, Mr. BLUMENAUER, Mr.

CAPUANO, Mr. CASE, Mr. CONYERS, Mr. DELAHUNT, Ms. ESHOO, Mr.

FARR, Mr. HINCHEY, Mr. HONDA, Ms. LEE, Mr. MCDERMOTT, Mr.

GEORGE MILLER of California, Mr. NADLER, Ms. NORTON, Mr. SANDERS, Mr. STARK, Mr. THOMPSON of California, Mr. WAXMAN, and Ms.

WOOLSEY) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘States’ Rights to Med5 ical Marijuana Act’’.
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1 SEC. 2. CONTROLLED SUBSTANCES ACT.

2 (a) SCHEDULE.—Marijuana is moved from schedule

3 I of the Controlled Substances Act to schedule II of such

4 Act.

5 (b) PRESCRIPTION OR RECOMMENDATION.—

6 (1) IN GENERAL.—No provision of the Con7 trolled Substances Act shall prohibit or otherwise

8 restrict—

9 (A) the prescription or recommendation of

10 marijuana by a physician for medical use,

11 (B) an individual from obtaining and using

12 marijuana from a prescription or recommenda13 tion of marijuana by a physician for medical

14 use by such individual, or

15 (C) a pharmacy from obtaining and hold16 ing marijuana for the prescription or rec17 ommendation of marijuana by a physician for

18 medical use under applicable State law

19 in a State in which marijuana may be prescribed or

20 recommended by a physician for medical use under

21 applicable State law.

22 (2) PRODUCTION.—No provision of the Con23 trolled Substances Act shall prohibit or otherwise re24 strict an entity established by a State, in which

25 marijuana may be prescribed or recommended by a

26 physician for medical use, for the purpose of pro-
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1 ducing marijuana for prescription or recommenda2 tion by a physician for medical use from producing

3 and distributing marijuana for such purpose.

4 SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.

5 (a) IN GENERAL.—No provision of the Federal Food,

6 Drug, and Cosmetic Act shall prohibit or otherwise

7 restrict—

8 (1) the prescription or recommendation of mari9 juana by a physician for medical use,

10 (2) an individual from obtaining and using

11 marijuana from a prescription or recommendation of

12 marijuana by a physician for medical use by such in13 dividual, or

14 (3) a pharmacy from obtaining and holding

15 marijuana for the prescription or recommendation of

16 marijuana by a physician for medical use,

17 in a State in which marijuana may be prescribed or rec18 ommended by a physician for medical use under applicable

19 State law.

20 (b) PRODUCTION.—No provision of the Federal

21 Food, Drug, and Cosmetic Act shall prohibit or otherwise

22 restrict an entity established by a State, in which mari23 juana may be prescribed or recommended by a physician

24 for medical use, for the purpose of producing marijuana

25 for prescription or recommendation by a physician for
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1 medical use from producing and distributing marijuana

2 for such purpose.

3 SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RE4 LATING TO SMOKING.

5 This Act does not affect any Federal, State, or local

6 law regulating or prohibiting smoking in public.

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