Title: LUMMA
Policy area: Health

Summary:
Legitimate Use of Medicinal Marihuana Act or LUMMA
This bill transfers marijuana from schedule I to schedule II of the Controlled Substances Act.
It also specifies that no provision of the Controlled Substances Act prohibits or restricts activities related to medical marijuana that comply with a state's medical marijuana law.
The bill does not affect any federal, state, or local law that regulates or prohibits smoking in public.
Under current law, schedule I controlled substances are those that, among other factors, have no currently accepted medical use in treatment in the United States; such substances thus may not be prescribed, administered, or dispensed for medical use. Substances listed in schedules II through V have some accepted medical use and thus may be prescribed, administered, or dispensed for medical use.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 171 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 171

To provide for the legitimate use of medicinal marihuana in accordance 
                  with the laws of the various States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

 Mr. Griffith introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To provide for the legitimate use of medicinal marihuana in accordance 
                  with the laws of the various States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Legitimate Use of Medicinal 
Marihuana Act'' or the ``LUMMA''.

SEC. 2. SCHEDULING OF MARIHUANA; PRESCRIPTIONS.

    (a) Schedule.--Marihuana is moved from schedule I of the Controlled 
Substances Act to schedule II of such Act.
    (b) Prescription.--
            (1) In general.--In a State in which marihuana 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 
        restrict--
                    (A) the prescription of marihuana by a physician 
                for medical use;
                    (B) an individual who is an authorized patient from 
                obtaining, possessing, transporting within the 
                individual's State, or using marihuana for that 
                individual's medical use;
                    (C) an individual authorized under State law to 
                obtain, possess, transport within their State, or 
                manufacture marihuana, from obtaining, possessing, 
                transporting within that State, or manufacturing 
                marihuana pursuant to that authorization; or
                    (D) a pharmacy or other entity authorized under 
                State law to distribute medical marihuana to an 
                authorized patient, from obtaining or possessing 
                marihuana for that purpose, or from distributing 
                marihuana to an authorized patient for medical use.
            (2) Production.--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 restrict an entity authorized by a State, in which 
        marihuana may be prescribed by a physician for medical use, for 
        the purpose of producing marihuana for prescription by a 
        physician for medical use, from producing, processing, or 
        distributing marihuana for such purpose.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``authorized patient'' means an individual 
        using marihuana in accordance with a prescription of marihuana 
        by a physician for medical use;
            (2) the term ``physician'' means a practitioner of 
        medicine, who--
                    (A) graduated from a college of medicine or 
                osteopathy; and
                    (B) is licensed by the appropriate State board;
            (3) the term ``prescription'' means an instruction written 
        by a medical physician in accordance with applicable State law 
        that authorizes a patient to be issued with a medicine or 
        treatment; and
            (4) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and any other territory or possession of the 
        United States.

SEC. 4. RELATION OF ACT TO CERTAIN PROHIBITIONS RELATING TO SMOKING.

    This Act does not affect any Federal, State, or local law 
regulating or prohibiting smoking in public.
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