I 
110TH CONGRESS 
2D SESSION 
H. R. 5842 
To provide for the medical use of marijuana in accordance with the laws 
of the various States. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2008 
Mr. FRANK of Massachusetts (for himself, Mr. PAUL, Mr. ROHRABACHER, Mr. 
FARR, and Mr. HINCHEY) introduced the following bill; which was re-
ferred 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. 
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 ‘‘Medical Marijuana Pa-
tient Protection 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.— 
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(1) IN
GENERAL.—No provision of the Con-
trolled Substances Act shall prohibit or otherwise re-
strict in a State in which marijuana may be pre-
scribed or recommended by a physician for medical 
use under applicable State law— 
(A) the prescription or recommendation of 
marijuana by a physician for medical use; 
(B) an individual from obtaining, pos-
sessing, or transporting within their State, 
manufacturing or using marijuana in accord-
ance with a prescription or recommendation of 
marijuana by a physician for medical use by 
such individual hereinafter in this section re-
ferred to as ‘‘an authorized patient’’; 
(C) an individual authorized under State 
law to obtain, possess, transport within their 
State, or manufacture marijuana from obtain-
ing, possessing, transporting within their State, 
or manufacturing marijuana on an authorized 
patient’s behalf; or 
(D) a pharmacy or other entity authorized 
under local or State law to distribute medical 
marijuana to authorized patients from obtain-
ing, possessing or distributing marijuana to 
such authorized patients. 
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(2) PRODUCTION.—No provision of the Con-
trolled Substances Act shall prohibit or otherwise re-
strict an entity authorized by a State or local gov-
ernment, in which marijuana 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, processing, or 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 in a State in which marijuana may be prescribed 
or recommended by a physician for medical use under ap-
plicable State law— 
(1) the prescription or recommendation of mari-
juana by a physician for medical use; 
(2) an individual from obtaining, possessing, or 
transporting within their State, manufacturing, or 
using marijuana in accordance with a prescription or 
recommendation of marijuana by a physician for 
medical use by such individual, hereinafter in this 
section referred to as ‘‘an authorized patient’’; 
(3) an individual authorized under State law to 
obtain, possess, transport within their State, or 
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manufacture marijuana from obtaining, possessing, 
transporting within their State, or manufacturing 
marijuana on an authorized patient’s behalf; or 
(4) a pharmacy or other entity authorized 
under local or State law to distribute medical mari-
juana to authorized patients from obtaining, pos-
sessing or distributing marijuana to such authorized 
patients. 
(b) PRODUCTION.—No provision of the Federal 
Food, Drug, and Cosmetic Act shall prohibit or otherwise 
restrict an entity authorized by a State or local govern-
ment, in which marijuana may be prescribed or rec-
ommended by a physician for medical use, for the purpose 
of producing marijuana for prescription or recommenda-
tion by a physician for medical use from producing, proc-
essing, or 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. 
Æ 
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