H.R.689 - States' Medical Marijuana Patient Protection Act113th Congress (2013-2014)
Text: H.R.689 — 113th Congress (2013-2014)
There is one version of the bill.
Shown Here:
Introduced in House (02/14/2013)
[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 689 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 689
To provide for the rescheduling of marijuana and for the medical use of
marijuana in accordance with the laws of the various States.
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IN THE HOUSE OF REPRESENTATIVES
February 14, 2013
Mr. Blumenauer (for himself, Mr. Rohrabacher, Mr. Polis, Ms. Lee of
California, Mr. Moran, Mr. Cohen, Mr. Farr, Mr. Grijalva, Mr. Nadler,
Mr. Hastings of Florida, Ms. Schakowsky, Mr. Honda, and Mr. Huffman)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``States' Medical Marijuana Patient
Protection Act''.
SEC. 2. CONTROLLED SUBSTANCES ACT.
(a) Schedule.--
(1) Not later than 180 days after the date of enactment of
this Act, the Secretary of Health and Human Services, in
cooperation with the National Academy of Sciences' Institute of
Medicine, shall submit to the Administrator of the Drug
Enforcement Administration a recommendation on the listing of
marijuana within the Controlled Substances Act (21 U.S.C. 801
et seq.), and shall recommend a listing other than ``Schedule
I'' or ``Schedule II''.
(2) Not later than one year after the date of enactment of
this Act, the Administrator of the Drug Enforcement
Administration shall, based upon the recommendation under
paragraph (1), issue a notice of proposed rulemaking for the
rescheduling of marijuana within the Controlled Substances Act,
which shall include a recommendation to list marijuana as other
than a ``Schedule I'' or ``Schedule II'' substance.
(b) Limitations on the Application of the Controlled Substances
Act.--
(1) In general.--No provision of the Controlled Substances
Act shall prohibit or otherwise restrict in a State in which
the medical use of marijuana is legal under State law--
(A) the prescription or recommendation of marijuana
for medical use by a medical professional or the
certification by a medical professional that a patient
has a condition for which marijuana may have
therapeutic benefit;
(B) an individual from obtaining, manufacturing,
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 obtaining, possessing or
distributing marijuana to such individuals.
(2) Production.--No provision of the Controlled Substances
Act shall prohibit or otherwise restrict an entity authorized
by a State or local government, in a State in which the
possession and use of marijuana for medical purposes is legal
from producing, 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 (21 U.S.C. 301 et seq.) shall prohibit or otherwise
restrict in a State in which the medical use of marijuana is legal
under State law--
(1) the prescription or recommendation of marijuana for
medical use by a medical professional or the certification by a
medical professional that a patient has a condition for which
marijuana may have therapeutic benefit;
(2) an individual from obtaining, manufacturing,
possessing, or transporting within their State marijuana for
medical purposes, provided the activities are authorized under
State law; or
(3) 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
obtaining, possessing, or distributing marijuana to such
individuals.
(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 government, in a State in which the possession and
use of marijuana for medical purposes is legal from producing,
processing, or distributing marijuana for such purpose.
SEC. 4. ADMINISTRATION OF REGISTRATION REQUIREMENTS RELATED TO
MARIJUANA RESEARCH.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall delegate responsibility under section 303(f)
of the Controlled Substances Act (21 U.S.C. 823(f)) for control over
access to marijuana for research into its potential therapeutic and
medicinal uses to an entity of the Executive Branch that is not focused
on researching the addictive properties of substances. That entity
shall take appropriate actions to ensure that an adequate supply of
marijuana is available for therapeutic and medicinal research.
SEC. 5. 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.