To provide for the medical use of marijuana in accordance with the laws of the various States.

July 23, 2001

Mr. FRANK (for himself, Mr. PAUL, Mr. BLUMENAUER, Mr. BONIOR, Mrs. MINK of Hawaii, Mr. NADLER, Mr. STARK, Mr. THOMPSON of California, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Energy and Commerce

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `States' Rights to Medical 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 Controlled 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 recommendation of marijuana by a physician for medical use by such individual, or

(C) a pharmacy from obtaining and holding marijuana for the prescription or recommendation 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 Controlled Substances Act shall prohibit or otherwise restrict an entity established by a State, 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 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 marijuana 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 individual, 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 recommended 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 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 and distributing marijuana for such purpose.

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.

END