H. R. 1782 - medical use of marijuana

June 4, 1997
Mr. FRANK of Massachusetts (for himself and Ms. PELOSI) introduced the
following bill; which was referred to the Committee on Commerce

1	Be it enacted by the Senate and House of Representa-
2	tives of the United States of America in Congress assembled,
3	SECTION 1. SHORT TITLE.
4	This Act may be cited as the "Medical Use of Mari-
5	juana Act".
6	SEC. 2. CONTROLLED SUBSTANCES ACT.
7	(a) SCHEDULE.--Marijuana is moved from schedule
8	I of the Controlled Substances Act to schedule II of such
9	Act.
10	(b) PRESCRIPTION OR RECOMMENDATION.--
1	(1) IN GENERAL.--No provision of the Con-
2	trolled Substances Act shall prohibit or otherwise re-
3	strict--
4	(A) the prescription or recommendation of
5	marijuana by a physician for medical use,
6	(B) an individual from obtaining and using
7	marijuana from a prescription or recommenda-
8	tion of marijuana by a physician for medical
9	use by such individual, or
10	(C) a pharmacy from obtaining and hold-
11	ing marijuana for the prescription or rec
12	ommendation of marijuana by a physician for
13	medical use under applicable State law
14	in a State in which marijuana may be prescribed or
15	recommended by a physician for medical use under
16	applicable State law.
17	(2) PRODUCTION.--No provision of the Con-
18	trolled Substances Act shall prohibit or otherwise re-
19	strict an entity established by a State, in which
20	marijuana may be prescribed or recommended by a
21	physician for medical use, for the purpose of produc-
22	ing marijuana for prescription or recommendation
23	by a physician for medical use from producing and
24	distributing marijuana for such purpose.
1	SEC. 3. FEDERAL FOOD, DRUG, AND COSMETIC ACT.
2	(a) IN GENERAL.--No provision of the Federal Food,
3	Drug, and Cosmetic Act shall prohibit or otherwise re-
4	strict--
5	(1) the prescription or recommendation of mari-
6	juana by a physician for medical use,
7	(2) an individual from obtaining and using
8	marijuana from a prescription or recommendation of
9	marijuana by a physician for medical use by such in-
10	dividual, or
11	(3) a pharmacy from obtaining and holding
12	marijuana for the prescription or recommendation of
13	marijuana by a physician for medical use,
14	in a State in which marijuana may be prescribed or rec-
15	ommended by a physician for medical use under applicable
16	State law.
17	(b) PRODUCTION.--No provision of the Federal
18	Food, Drug, and Cosmetic Act shall prohibit or otherwise
19	restrict an entity established by a State, in which mari-
20	juana may be prescribed or recommended by a physician
21	for medical use, for the purpose of producing marijuana
22	for prescription or recommendation by a physician for
23	medical use from producing and distributing marijuana
24	for such purpose.
1	SEC. 4. RESEARCH.
2	The National Institute of Drug Abuse shall make
3	marijuana available for the purposes of an investigational
4	new drug study under section 505(i) of the Federal Food,
5	Drug, and Cosmetic Act.