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H.R. 689 (113th): 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.

2/14/2013--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 one year of enactment of this Act, based upon such recommendation, 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, in a state in which the medical use of marijuana is legal under state law, prohibit or otherwise restrict: (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 his or her 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.

Requires the Attorney General to delegate responsibility for control over access to marijuana for research into its potential therapeutic and medicinal uses to an entity of executive branch that is not focused on researching the addictive properties of substances. Requires such entity to take appropriate actions to ensure that an adequate supply of marijuana is available for therapeutic and medicinal research.