I 

111TH CONGRESS 

1ST SESSION H. R. 2835 

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

of the various States. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2009 

Mr. FRANK of Massachusetts (for himself, Mr. BLUMENAUER, Mr. FARR, Mr. 

MCDERMOTT, Mr. PAUL, Ms. WOOLSEY, Mr. ROHRABACHER, Mr. 

GRIJALVA, Mr. THOMPSON of California, Mr. GEORGE MILLER of California, Mr. STARK, Mr. HINCHEY, Mr. OLVER, 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 ‘‘Medical Marijuana Pa5 tient Protection 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 in a State in which marijuana may be pre9 scribed or recommended by a physician for medical 

10 use under applicable State law— 

11 (A) the prescription or recommendation of 

12 marijuana by a physician for medical use; 

13 (B) an individual from obtaining, pos14 sessing, or transporting within their State, 

15 manufacturing or using marijuana in accord16 ance with a prescription or recommendation of 

17 marijuana by a physician for medical use by 

18 such individual hereinafter in this section re19 ferred to as ‘‘an authorized patient’’; 

20 (C) an individual authorized under State 

21 law to obtain, possess, transport within their 

22 State, or manufacture marijuana from obtain23 ing, possessing, transporting within their State, 

24 or manufacturing marijuana on an authorized 

25 patient’s behalf; or 


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1 (D) a pharmacy or other entity authorized 

2 under local or State law to distribute medical 

3 marijuana to authorized patients from obtain4 ing, possessing or distributing marijuana to 

5 such authorized patients. 

6 (2) PRODUCTION.—No provision of the Con7 trolled Substances Act shall prohibit or otherwise re8 strict an entity authorized by a State or local gov9 ernment, in which marijuana may be prescribed or 

10 recommended by a physician for medical use, for the 

11 purpose of producing marijuana for prescription or 

12 recommendation by a physician for medical use from 

13 producing, processing, or distributing marijuana for 

14 such purpose. 

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

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

17 Drug, and Cosmetic Act shall prohibit or otherwise re18 strict in a State in which marijuana may be prescribed 

19 or recommended by a physician for medical use under ap20 plicable State law— 

21 (1) the prescription or recommendation of mari22 juana by a physician for medical use; 

23 (2) an individual from obtaining, possessing, or 

24 transporting within their State, manufacturing, or 

25 using marijuana in accordance with a prescription or 


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1 recommendation of marijuana by a physician for 

2 medical use by such individual, hereinafter in this 

3 section referred to as ‘‘an authorized patient’’; 

4 (3) an individual authorized under State law to 

5 obtain, possess, transport within their State, or 

6 manufacture marijuana from obtaining, possessing, 

7 transporting within their State, or manufacturing 

8 marijuana on an authorized patient’s behalf; or 

9 (4) a pharmacy or other entity authorized 

10 under local or State law to distribute medical mari11 juana to authorized patients from obtaining, pos12 sessing or distributing marijuana to such authorized 

13 patients. 

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

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

16 restrict an entity authorized by a State or local govern17 ment, in which marijuana may be prescribed or rec18 ommended by a physician for medical use, for the purpose 

19 of producing marijuana for prescription or recommenda20 tion by a physician for medical use 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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