106th CONGRESS
1st Session
H. R. 912
To provide for the medical use of marijuana.
IN THE HOUSE OF REPRESENTATIVES
March 2, 1999
Mr. FRANK of Massachusetts (for himself, Mr. CAMPBELL, Mr. CONYERS,
Mr. OLVER, Ms. PELOSI, Mr. STARK, and Ms. WOOLSEY) introduced the
following bill; which was referred to the Committee on Commerce
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.
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.
