I 

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. 

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’ Medical Mari5 juana Patient Protection Act’’. 

6 SEC. 2. CONTROLLED SUBSTANCES ACT. 

7 (a) SCHEDULE.— 

8 (1) Not later than 6 months after the date of 

9 enactment of this Act, the Secretary of Health and 


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1 Human Services, in cooperation with the National 

2 Academy of Sciences’ Institute of Medicine, shall 

3 submit to the Administrator of the Drug Enforce4 ment Administration a recommendation on the list5 ing of marijuana within the Controlled Substances 

6 Act (CSA), and shall recommend a listing other than 

7 ‘‘Schedule I’’ or ‘‘Schedule II’’. 

8 (2) Not later than 12 months after the date of 

9 enactment of this Act, the Administrator of the 

10 Drug Enforcement Administration shall, based upon 

11 the recommendation of the National Academy of 

12 Sciences, issue a notice of proposed rulemaking for 

13 the rescheduling of marijuana within the CSA, which 

14 shall include a recommendation to list marijuana as 

15 other than a ‘‘Schedule I’’ or ‘‘Schedule II’’ sub16 stance. 

17 (b) LIMITATIONS ON THE APPLICATION OF THE CON18 TROLLED SUBSTANCES ACT.— 

19 (1) IN GENERAL.—No provision of the Con20 trolled Substances Act shall prohibit or otherwise re21 strict in a State in which the medical use of mari22 juana is legal under State law— 

23 (A) the prescription or recommendation of 

24 marijuana for medical use by a medical profes25 sional or the certification by a medical profesVerDate Mar 15 2010 01:21 Jun 01, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1983.IH H1983

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1 sional that a patient has a condition for which 

2 marijuana may have therapeutic benefit; 

3 (B) an individual from obtaining, manufac4 turing, possessing, or transporting within their 

5 State marijuana for medical purposes, provided 

6 the activities are authorized under State law; or 

7 (C) a pharmacy or other entity authorized 

8 under local or State law to distribute medical 

9 marijuana to individuals authorized to possess 

10 medical marijuana under State law from ob11 taining, possessing or distributing marijuana to 

12 such individuals. 

13 (2) PRODUCTION.—No provision of the Con14 trolled Substances Act shall prohibit or otherwise re15 strict an entity authorized by a State or local gov16 ernment, in a State in which the possession and use 

17 of marijuana for medical purposes is legal from pro18 ducing, processing, or distributing marijuana for 

19 such purposes. 

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

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

22 Drug, and Cosmetic Act shall prohibit or otherwise re23 strict in a State in which the medical use of marijuana 

24 is legal under State law— 


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1 (1) the prescription or recommendation of mari2 juana for medical use by a medical professional or 

3 the certification by a medical professional that a pa4 tient has a condition for which marijuana may have 

5 therapeutic benefit; 

6 (2) an individual from obtaining, manufac7 turing, possessing, or transporting within their State 

8 marijuana for medical purposes, provided the activi9 ties are authorized under State law; or 

10 (3) a pharmacy or other entity authorized 

11 under local or State law to distribute medical mari12 juana to individuals authorized to possess medical 

13 marijuana under State law from obtaining, pos14 sessing, or distributing marijuana to such individ15 uals. 

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

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

18 restrict an entity authorized by a State or local govern19 ment, in a State in which the possession and use of mari20 juana for medical purposes is legal from producing, proc21 essing, or distributing marijuana for such purpose. 


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1 SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RE2 LATING TO SMOKING. 

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

4 law regulating or prohibiting smoking in public. 

Æ 


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