I
108TH CONGRESS
1ST SESSION
H. R. 2233
To provide for the medical use of marijuana in accordance with the laws
of the various States.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 2003
Mr. FRANK of Massachusetts (for himself, Mr. PAUL, Mr. ROHRABACHER, Ms.
SCHAKOWSKY, Mr. ANDREWS, Ms. BALDWIN, Mr. BLUMENAUER, Mr.
CAPUANO, Mr. CASE, Mr. CONYERS, Mr. DELAHUNT, Ms. ESHOO, Mr.
FARR, Mr. HINCHEY, Mr. HONDA, Ms. LEE, Mr. MCDERMOTT, Mr.
GEORGE MILLER of California, Mr. NADLER, Ms. NORTON, Mr. SAND-
ERS, Mr. STARK, Mr. THOMPSON of California, Mr. WAXMAN, and Ms.
WOOLSEY) introduced the following bill; which was referred to the Com-
mittee 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 ‘‘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
restrict—
(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
restrict—
(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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