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) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To provide for the medical use of marijuana in accordance 
with the laws of the various States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘States’ Rights to Med-
ical Marijuana Act’’.
SEC. 2. CONTROLLED SUBSTANCES ACT. 
(a) SCHEDULE.—Marijuana is moved from schedule 
I of the Controlled Substances Act to schedule II of such 
Act. 
(b) PRESCRIPTION OR RECOMMENDATION.— 
(1) IN
GENERAL.—No provision of the Con-
trolled Substances Act shall prohibit or otherwise re-
strict— 
(A) the prescription or recommendation of 
marijuana by a physician for medical use, 
(B) an individual from obtaining and using 
marijuana from a prescription or recommenda-
tion of marijuana by a physician for medical 
use by such individual, or 
(C) a pharmacy from obtaining and hold-
ing marijuana for the prescription or rec-
ommendation of marijuana by a physician for 
medical use under applicable State law 
in a State in which marijuana may be prescribed or 
recommended by a physician for medical use under 
applicable State law. 
(2) PRODUCTION.—No provision of the Con-
trolled Substances Act shall prohibit or otherwise re-
strict an entity established by a State, in which 
marijuana may be prescribed or recommended by a 
physician for medical use, for the purpose of pro-
ducing marijuana for prescription or recommenda-
tion by a physician for medical use from producing 
and distributing marijuana for such purpose. 
SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT. 
(a) IN GENERAL.—No provision of the Federal Food, 
Drug, and Cosmetic Act shall prohibit or otherwise re-
strict— 
(1) the prescription or recommendation of mari-
juana by a physician for medical use, 
(2) an individual from obtaining and using 
marijuana from a prescription or recommendation of 
marijuana by a physician for medical use by such in-
dividual, or 
(3) a pharmacy from obtaining and holding 
marijuana for the prescription or recommendation of 
marijuana by a physician for medical use, 
in a State in which marijuana may be prescribed or rec-
ommended by a physician for medical use under applicable 
State law. 
(b) PRODUCTION.—No provision of the Federal 
Food, Drug, and Cosmetic Act shall prohibit or otherwise 
restrict an entity established by a State, in which mari-
juana may be prescribed or recommended by a physician 
for medical use, for the purpose of producing marijuana 
for prescription or recommendation by a physician for
medical use from producing and distributing marijuana 
for such purpose. 
SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RE-
LATING TO SMOKING. 
This Act does not affect any Federal, State, or local 
law regulating or prohibiting smoking in public. 
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