I 

116TH CONGRESS 

1ST SESSION H. R. 171 

To provide for the legitimate use of medicinal marihuana in accordance 

with the laws of the various States. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. GRIFFITH introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To provide for the legitimate use of medicinal marihuana 

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 ‘‘Legitimate Use of Me5 dicinal Marihuana Act’’ or the ‘‘LUMMA’’. 

6 SEC. 2. SCHEDULING OF MARIHUANA; PRESCRIPTIONS. 

7 (a) SCHEDULE.—Marihuana is moved from schedule 

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

9 Act. 

10 (b) PRESCRIPTION.— 


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1 (1) IN GENERAL.—In a State in which mari2 huana may be prescribed by a physician for medical 

3 use under applicable State law, no provision of the 

4 Controlled Substances Act (21 U.S.C. 801 et seq.) 

5 or of the Federal Food, Drug, and Cosmetic Act (21 

6 U.S.C. 301 et seq.) shall prohibit or otherwise re7 strict— 

8 (A) the prescription of marihuana by a 

9 physician for medical use; 

10 (B) an individual who is an authorized pa11 tient from obtaining, possessing, transporting 

12 within the individual’s State, or using mari13 huana for that individual’s medical use; 

14 (C) an individual authorized under State 

15 law to obtain, possess, transport within their 

16 State, or manufacture marihuana, from obtain17 ing, possessing, transporting within that State, 

18 or manufacturing marihuana pursuant to that 

19 authorization; or 

20 (D) a pharmacy or other entity authorized 

21 under State law to distribute medical mari22 huana to an authorized patient, from obtaining 

23 or possessing marihuana for that purpose, or 

24 from distributing marihuana to an authorized 

25 patient for medical use. 


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1 (2) PRODUCTION.—No provision of the Con2 trolled Substances Act (21 U.S.C. 801 et. seq.) or 

3 of the Federal Food, Drug, and Cosmetic Act (21 

4 U.S.C. 301 et seq.) shall prohibit or otherwise re5 strict an entity authorized by a State, in which mari6 huana may be prescribed by a physician for medical 

7 use, for the purpose of producing marihuana for pre8 scription by a physician for medical use, from pro9 ducing, processing, or distributing marihuana for 

10 such purpose. 

11 SEC. 3. DEFINITIONS. 

12 In this Act— 

13 (1) the term ‘‘authorized patient’’ means an in14 dividual using marihuana in accordance with a pre15 scription of marihuana by a physician for medical 

16 use; 

17 (2) the term ‘‘physician’’ means a practitioner 

18 of medicine, who— 

19 (A) graduated from a college of medicine 

20 or osteopathy; and 

21 (B) is licensed by the appropriate State 

22 board; 

23 (3) the term ‘‘prescription’’ means an instruc24 tion written by a medical physician in accordance 


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1 with applicable State law that authorizes a patient 

2 to be issued with a medicine or treatment; and 

3 (4) the term ‘‘State’’ includes the District of 

4 Columbia, Puerto Rico, and any other territory or 

5 possession of the United States. 

6 SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RE7 LATING TO SMOKING. 

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

9 law regulating or prohibiting smoking in public. 

Æ 


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