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H.R. 6335 (112th): States’ Medical Marijuana Property Rights Protection Act

The text of the bill below is as of Aug 2, 2012 (Introduced). The bill was not enacted into law.



2d Session

H. R. 6335


August 2, 2012

(for herself, Mr. Polis, Mr. Farr, Mr. Stark, Mr. Hinchey, Mr. Blumenauer, Mr. Honda, Mr. Frank of Massachusetts, and Mr. McGovern) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


To amend the Controlled Substances Act so as to exempt real property from civil forfeiture due to medical-marijuana-related conduct that is authorized by State law.


Short title

This Act may be cited as the States’ Medical Marijuana Property Rights Protection Act.



Congress makes the following findings:


17 States and the District of Columbia have, through ballot measure or legislative action, approved the use of marijuana for medical purposes when recommended by a physician.


Marijuana has long-established medical uses as an effective treatment for conditions that include HIV/AIDS, multiple sclerosis, arthritis, gastro-intestinal disorders, chronic pain, and others as well.


Civil forfeiture exemption for marijuana facilities authorized by State law

Paragraph (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended—


by striking (7) All and inserting (7)(A) Except as provided in subparagraph (B), all; and


by adding at the end the following:


No real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, shall be subject to forfeiture under subparagraph (A) due to medical marijuana-related conduct that is authorized by State law.