I 
112TH CONGRESS 
1ST SESSION H. R. 1983 
To provide for the rescheduling of marijuana and for the medical use of 
marijuana in accordance with the laws of the various States. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2011 
Mr. FRANK of Massachusetts (for himself, Mr. ROHRABACHER, Mr. STARK, 
and Mr. POLIS) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To provide for the rescheduling of marijuana and 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’ Medical Mari-
juana Patient Protection Act’’. 
SEC. 2. CONTROLLED SUBSTANCES ACT. 
(a) SCHEDULE.— 
(1) Not later than 6 months after the date of 
enactment of this Act, the Secretary of Health and 
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Human Services, in cooperation with the National 
Academy of Sciences’ Institute of Medicine, shall 
submit to the Administrator of the Drug Enforce-
ment Administration a recommendation on the list-
ing of marijuana within the Controlled Substances 
Act (CSA), and shall recommend a listing other than 
‘‘Schedule I’’ or ‘‘Schedule II’’. 
(2) Not later than 12 months after the date of 
enactment of this Act, the Administrator of the 
Drug Enforcement Administration shall, based upon 
the recommendation of the National Academy of 
Sciences, issue a notice of proposed rulemaking for 
the rescheduling of marijuana within the CSA, which 
shall include a recommendation to list marijuana as 
other than a ‘‘Schedule I’’ or ‘‘Schedule II’’ sub-
stance. 
(b) LIMITATIONS ON THE APPLICATION OF THE CON-
TROLLED SUBSTANCES ACT.— 
(1) IN
GENERAL.—No provision of the Con-
trolled Substances Act shall prohibit or otherwise re-
strict in a State in which the medical use of mari-
juana is legal under State law— 
(A) the prescription or recommendation of 
marijuana for medical use by a medical profes-
sional or the certification by a medical profes-
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sional that a patient has a condition for which 
marijuana may have therapeutic benefit; 
(B) an individual from obtaining, manufac-
turing, possessing, or transporting within their 
State marijuana for medical purposes, provided 
the activities are authorized under State law; or 
(C) a pharmacy or other entity authorized 
under local or State law to distribute medical 
marijuana to individuals authorized to possess 
medical marijuana under State law from ob-
taining, possessing or distributing marijuana to 
such individuals. 
(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 a State in which the possession and use 
of marijuana for medical purposes is legal from pro-
ducing, processing, or distributing marijuana for 
such purposes. 
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 the medical use of marijuana 
is legal under State law— 
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(1) the prescription or recommendation of mari-
juana for medical use by a medical professional or 
the certification by a medical professional that a pa-
tient has a condition for which marijuana may have 
therapeutic benefit; 
(2) an individual from obtaining, manufac-
turing, possessing, or transporting within their State 
marijuana for medical purposes, provided the activi-
ties are authorized under State law; or 
(3) a pharmacy or other entity authorized 
under local or State law to distribute medical mari-
juana to individuals authorized to possess medical 
marijuana under State law from obtaining, pos-
sessing, or distributing marijuana to such individ-
uals. 
(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 a State in which the possession and use of mari-
juana for medical purposes is legal from producing, proc-
essing, or distributing marijuana for such purpose. 
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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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