I 

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. 

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.— 


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1 (1) Not later than 180 days after the date of 

2 enactment of this Act, the Secretary of Health and 

3 Human Services, in cooperation with the National 

4 Academy of Sciences’ Institute of Medicine, shall 

5 submit to the Administrator of the Drug Enforce6 ment Administration a recommendation on the list7 ing of marijuana within the Controlled Substances 

8 Act (21 U.S.C. 801 et seq.), and shall recommend 

9 a listing other than ‘‘Schedule I’’ or ‘‘Schedule II’’. 

10 (2) Not later than one year after the date of 

11 enactment of this Act, the Administrator of the 

12 Drug Enforcement Administration shall, based upon 

13 the recommendation under paragraph (1), issue a 

14 notice of proposed rulemaking for the rescheduling 

15 of marijuana within the Controlled Substances Act, 

16 which shall include a recommendation to list mari17 juana as other than a ‘‘Schedule I’’ or ‘‘Schedule II’’ 

18 substance. 

19 (b) LIMITATIONS ON THE APPLICATION OF THE CON20 TROLLED SUBSTANCES ACT.— 

21 (1) IN GENERAL.—No provision of the Con22 trolled Substances Act shall prohibit or otherwise re23 strict in a State in which the medical use of mari24 juana is legal under State law— 


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1 (A) the prescription or recommendation of 

2 marijuana for medical use by a medical profes3 sional or the certification by a medical profes4 sional that a patient has a condition for which 

5 marijuana may have therapeutic benefit; 

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

8 State marijuana for medical purposes, provided 

9 the activities are authorized under State law; or 

10 (C) a pharmacy or other entity authorized 

11 under local or State law to distribute medical 

12 marijuana to individuals authorized to possess 

13 medical marijuana under State law from ob14 taining, possessing or distributing marijuana to 

15 such individuals. 

16 (2) PRODUCTION.—No provision of the Con17 trolled Substances Act shall prohibit or otherwise re18 strict an entity authorized by a State or local gov19 ernment, in a State in which the possession and use 

20 of marijuana for medical purposes is legal from pro21 ducing, processing, or distributing marijuana for 

22 such purposes. 

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

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

25 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall proVerDate Mar 15 2010 21:15 Feb 25, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H689.IH H689

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1 hibit or otherwise restrict in a State in which the medical 

2 use of marijuana is legal under State law— 

3 (1) the prescription or recommendation of mari4 juana for medical use by a medical professional or 

5 the certification by a medical professional that a pa6 tient has a condition for which marijuana may have 

7 therapeutic benefit; 

8 (2) an individual from obtaining, manufac9 turing, possessing, or transporting within their State 

10 marijuana for medical purposes, provided the activi11 ties are authorized under State law; or 

12 (3) a pharmacy or other entity authorized 

13 under local or State law to distribute medical mari14 juana to individuals authorized to possess medical 

15 marijuana under State law from obtaining, pos16 sessing, or distributing marijuana to such individ17 uals. 

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

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

20 restrict an entity authorized by a State or local govern21 ment, in a State in which the possession and use of mari22 juana for medical purposes is legal from producing, proc23 essing, or distributing marijuana for such purpose. 


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1 SEC. 4. ADMINISTRATION OF REGISTRATION REQUIRE2 MENTS RELATED TO MARIJUANA RESEARCH. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Attorney General shall delegate responsi5 bility under section 303(f) of the Controlled Substances 

6 Act (21 U.S.C. 823(f)) for control over access to mari7 juana for research into its potential therapeutic and me8 dicinal uses to an entity of the Executive Branch that is 

9 not focused on researching the addictive properties of sub10 stances. That entity shall take appropriate actions to en11 sure that an adequate supply of marijuana is available for 

12 therapeutic and medicinal research. 

13 SEC. 5. RELATION OF ACT TO CERTAIN PROHIBITIONS RE14 LATING TO SMOKING. 

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

16 law regulating or prohibiting smoking in public. 

Æ 


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