‘‘(B) Cannabidiol— 
‘‘(i) is excluded from the definition of mar-
ihuana under subparagraph (A); and 
‘‘(ii) shall not be treated as a controlled 
substance under this Act.’’. 
(2) DEFINITION.—Section 102 of the Con-
trolled Substances Act (21 U.S.C. 802), as amended 
by paragraph (1), is further amended by adding at 
the end the following: 
‘‘(57) The term ‘cannabidiol’ means the sub-
stance cannabidiol, as derived from marihuana or 
synthetically formulated, that contains not greater 
than 0.3 percent delta-9-tetrahydrocannabinol on a 
dry weight basis.’’. 
(3) CANNABIDIOL
DETERMINATION
BY
THE 
STATES.—Section 201 of the Controlled Substances 
Act (21 U.S.C. 811) is amended by adding at the 
end the following: 
‘‘(j) CANNABIDIOL DETERMINATION.—If a person 
grows or processes marihuana for purposes of making 
cannabidiol in accordance with State law, the marihuana 
shall be deemed to meet the concentration limitation under 
section 102(57), unless the Attorney General determines 
that the State law is not reasonably calculated to ensure 
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that marihuana grown or processed for purposes of mak-
ing cannabidiol meets such concentration limitation.’’. 
(c) REGULATION UNDER STATE LAW.— 
(1) IN GENERAL.—In a State in which mari-
huana may be prescribed by a physician for medical 
use under applicable State law, no provision of the 
Controlled Substances Act (21 U.S.C. 801 et seq.) 
or of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.) shall prohibit or otherwise re-
strict in such State in accordance with such State 
law— 
(A) the prescription of marihuana by a 
physician for medical use; 
(B) an authorized patient under such State 
law from obtaining, possessing, transporting, or 
using marihuana for that patient’s medical use; 
(C) a caregiver for an authorized patient 
from obtaining, possessing, or transporting 
marihuana, as authorized under such State law, 
for the medical use of such authorized patient; 
(D) the legally recognized parent or guard-
ian of a minor who is an authorized patient 
from obtaining, possessing, or transporting 
marihuana, as authorized under such State law, 
for the medical use of such minor; 
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(E) an entity from producing, processing, 
or otherwise manufacturing marihuana for med-
ical use, as authorized under such State law; 
(F) an entity from distributing marihuana 
for medical use, as authorized under such State 
law; 
(G) a pharmacy or other health care pro-
vider from dispensing marihuana to an author-
ized patient for medical use, as authorized 
under such State law; or 
(H) a laboratory or other entity from per-
forming safety, quality, or efficacy testing of 
marihuana for medical use, as authorized under 
such State law or under Federal law. 
(2) CANNABIDIOL.—Notwithstanding the exclu-
sion of cannabidiol from the definition of marihuana 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802), as amended, and section 5 of this Act, 
this subsection applies with respect to cannabidiol, 
as defined in such section 102, to the same extent 
and in the same manner as this subsection applies 
with respect to marihuana. 
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SEC. 3. RESEARCH INTO POTENTIAL MEDICINAL USES OF 
MARIHUANA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall 
delegate responsibility under section 303(f) of the Con-
trolled Substances Act (21 U.S.C. 823(f)) for control over 
access to marihuana for research into its potential medic-
inal uses to an agency of the executive branch that is not 
focused on researching the addictive properties of sub-
stances. Such agency shall take appropriate actions to en-
sure that an adequate supply of marihuana is available 
for such medicinal research. 
(b) CONSIDERATION
OF
OTHER
RESEARCH
IN 
SCHEDULING.—Research that is performed in a scientif-
ically sound manner in a State where marihuana or 
cannabidiol is legal for medical purposes, and in accord-
ance with such State’s law, but that does not use mari-
huana from federally approved sources, may be considered 
for purposes of rescheduling marihuana under section 202 
of the Controlled Substances Act (21 U.S.C. 812). 
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. 
SEC. 5. DEFINITIONS. 
In this Act: 
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(1) AUTHORIZED PATIENT.—The term ‘‘author-
ized patient’’ means an individual using marihuana 
in accordance with a prescription by a physician for 
medical use. 
(2) MARIHUANA.—Except as provided in sec-
tion 2(c)(2), the term ‘‘marihuana’’ has the meaning 
given to such term in section 102 of the Controlled 
Substances Act (21 U.S.C. 802), as amended by sec-
tion 2(b). 
(3) PHYSICIAN.—The term ‘‘physician’’ means 
a practitioner of medicine, who— 
(A) graduated from a college of medicine 
or osteopathy; and 
(B) is licensed to practice medicine by the 
appropriate State board. 
(4) PRESCRIPTION.—The term ‘‘prescription’’ 
means an instruction written by a medical physician 
in accordance with applicable State law that author-
izes the provision of a medicine or treatment to a 
patient. 
(5) STATE.—The term ‘‘State’’ includes the 
District of Columbia, Puerto Rico, and any other 
territory or possession of the United States. 
Æ 
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