I 

109TH CONGRESS 

1ST SESSION H. R. 2087 

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

of the various States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005 

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

FARR, Mr. SANDERS, Mr. KUCINICH, Mr. ABERCROMBIE, Mr. WEXLER, 

Mr. WAXMAN, Mr. HINCHEY, Mr. GEORGE MILLER of California, Mr. 

MCDERMOTT, Ms. SCHAKOWSKY, Ms. WOOLSEY, Mr. DEFAZIO, Mr. 

MCGOVERN, Mr. BLUMENAUER, Ms. LEE, Mr. CASE, Mr. GRIJALVA, Mr. 

UDALL of Colorado, Mr. STARK, Mr. CAPUANO, Ms. JACKSON-LEE of 

Texas, Ms. ESHOO, Mr. HONDA, Mr. OLVER, Mr. MORAN of Virginia, Mr. 

ANDREWS, Ms. LINDA T. SA ́NCHEZ of California, and Ms. BALDWIN) 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 re8 strict— 

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 re7 strict— 

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. 

Æ