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H.R. 1983 (112th): States’ Medical Marijuana Patient Protection Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


5/25/2011--Introduced. States' Medical Marijuana Patient Protection Act - Requires the Secretary of Health and Human Services (HHS), within six months of enactment of this Act, to submit to the Administrator of the Drug Enforcement Administration (DEA) a recommendation on the listing of marijuana within the Controlled Substances Act (CSA) and to recommend listing it as other than a Schedule I or Schedule II substance.

Requires the Administrator of DEA, within 12 months of enactment of this Act, based upon the recommendation of the National Academy of Sciences, to issue a notice of proposed rulemaking for the rescheduling of marijuana within the CSA, which shall include a recommendation to list marijuana as other than a Schedule I or Schedule II substance.

Declares that no provision of the CSA or the Federal Food, Drug and Cosmetic Act 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; (3) a pharmacy or other entity authorized to distribute medical marijuana from obtaining, possessing, or distributing marijuana to authorized individuals; or (4) an entity authorized by a state or local government from producing, processing, or distributing marijuana for such purposes.