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Medical Use of Marijuana Act (Introduced in the House)

HR 1782 IH

                            105th CONGRESS

                              1st Session

                              H. R. 1782

To provide for the medical use of marijuana.

                    IN THE HOUSE OF REPRESENTATIVES

                             June 4, 1997

Mr. FRANK of Massachusetts (for himself and Ms. PELOSI) introduced
the following bill; which was referred to the Committee on Commerce

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                                A BILL

To provide for the medical use of marijuana.

      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 `Medical Use of 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. RESEARCH.

      The National Institute of Drug Abuse shall make marijuana
      available for the purposes of an investigational new drug study
      under section 505(i) of the Federal Food, Drug, and Cosmetic
      Act.

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