I

107TH CONGRESS

1ST SESSION H. R. 1344

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

of the various States.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. FRANK (for himself, Ms. BALDWIN, Mr. BLUMENAUER, Mr. CONYERS,

Mr. DEFAZIO, Mr. NADLER, Mr. OLVER, Ms. PELOSI, Mr. STARK, 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’’.

6 SEC. 2. CONTROLLED SUBSTANCES ACT.

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

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

9 Act.
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1 (b) PRESCRIPTION OR RECOMMENDATION.—

2 (1) IN GENERAL.—No provision of the Con3 trolled Substances Act shall prohibit or otherwise

4 restrict—

5 (A) the prescription or recommendation of

6 marijuana by a physician for medical use,

7 (B) an individual from obtaining and using

8 marijuana from a prescription or recommenda9 tion of marijuana by a physician for medical

10 use by such individual, or

11 (C) a pharmacy from obtaining and hold12 ing marijuana for the prescription or rec13 ommendation of marijuana by a physician for

14 medical use under applicable State law

15 in a State in which marijuana may be prescribed or

16 recommended by a physician for medical use under

17 applicable State law.

18 (2) PRODUCTION.—No provision of the Con19 trolled Substances Act shall prohibit or otherwise re20 strict an entity established by a State, in which

21 marijuana may be prescribed or recommended by a

22 physician for medical use, for the purpose of pro23 ducing marijuana for prescription or recommenda24 tion by a physician for medical use from producing

25 and distributing marijuana for such purpose.
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1 SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.

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

3 Drug, and Cosmetic Act shall prohibit or otherwise

4 restrict—

5 (1) the prescription or recommendation of mari6 juana by a physician for medical use,

7 (2) an individual from obtaining and using

8 marijuana from a prescription or recommendation of

9 marijuana by a physician for medical use by such in10 dividual, or

11 (3) a pharmacy from obtaining and holding

12 marijuana for the prescription or recommendation of

13 marijuana by a physician for medical use,

14 in a State in which marijuana may be prescribed or rec15 ommended by a physician for medical use under applicable

16 State law.

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

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

19 restrict an entity established by a State, in which mari20 juana may be prescribed or recommended by a physician

21 for medical use, for the purpose of producing marijuana

22 for prescription or recommendation by a physician for

23 medical use from producing and distributing marijuana

24 for such purpose.
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1 SEC. 4. RESEARCH.

2 The National Institute of Drug Abuse shall make

3 marijuana available for the purposes of an investigational

4 new drug study under section 505(i) of the Federal Food,

5 Drug, and Cosmetic Act.

6 SEC. 5. 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