Bill Id: Senate
Bill 1344
Type/Cat: Medical, Oregon State
Title: Senate Bill 1344 States'
Rights to Medical Marijuana Act (Introduced in the House). Sponsor:
Rep Frank, Barney (introduced 4/3/2001). Latest Major Action: 4/3/2001
Referred to House committee.
Summary: To provide for the medical
use of marijuana in accordance with the laws of the various States.
Action: (Y/N)?, Contact: <?>, Comments:
Congressman Reintroduces Legislation to Legalize
Medical Marijuana
Washington, DC: Representative Barney Frank (D-MA) reintroduced legislation
today in the 107th Congress to provide for the medical use of marijuana.
The bill is titled the "States' Rights to Medical Marijuana Act."
"People who are suffering from severe or terminal illnesses who find
a measure of relief from marijuana ought to be able to use it without being
treated like criminals," Frank announced. "This bill offers an opportunity
for my conservative colleagues to decide if they really want to be consistent
on the question of states' rights or if they think the federal government
should tell states what to do." The legislation states:
"No provision of the Controlled Substances Act [or] ... the Federal
Food, Drug, and Cosmetic 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 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."
The legislation reschedules marijuana from Schedule I to Schedule II
under federal law. This reclassification properly recognizes marijuana's
medical utility and enables physicians to legally prescribe it under controlled
circumstances while maintaining restrictions on recreational use.
Since 1996, nine states -- Alaska, Arizona, California, Colorado, Hawaii,
Maine, Nevada, Oregon and Washington -- have implemented laws allowing
seriously ill patients to possess and use medical marijuana under a doctor's
supervision. While these laws protect patients from state criminal
marijuana penalties, they do not shield patients from federal prosecution,
nor do they allow a state legislature to legally distribute medical marijuana.
The legislation introduced in Congress today would afford patients legal
protection under federal law, and permit those states that wish to establish
medical marijuana distribution systems the legal authority to do so.
NORML Executive Director R. Keith Stroup called the proposal a streamlined
effort to get marijuana to those who require it. "Historically, voters
and state legislatures have been more receptive to the medical marijuana
issue than the federal government," Stroup explained.
"This legislation addresses this paradigm and effectively gets the federal
government out of the way of those states that wish to make marijuana available
as a medicine."
HR 1344 (U.S.) - States' Rights to Medical Marijuana
Act (Introduced in the House) HR 1344 IH
107th CONGRESS
1st Session
H. R. 1344
To provide for the medical use of marijuana in accordance
with the laws of the various States.
IN THE HOUSE OF REPRESENTATIVES
April 3, 2001
Mr. FRANK (for himself, Ms. BALDWIN, Mr. BLUMENAUER,
Mr. CONYERS, Mr. DEFAZIO, Mr. NADLER, Mr. OLVER, Ms. PELOSI, Mr. STARK,
and Ms. WOOLSEY) introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
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 lawin 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.
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
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