HR 2835 Fact Sheet

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PURPOSE

The Medical Marijuana Patient Protection Act would provide for the medical use of marijuana in accordance with the laws of the various States. The act would also prevent interference by the federal government in any local or state run medical marijuana program.

SUMMARY

HR 2835 would reschedule marijuana under the Controlled Substances Act (CSA). This means that marijuana would be reclassified from a Schedule I drug, which prohibits use even for legitimate medical purposes, to a Schedule II drug. This reclassification would recognize the medical value of marijuana and create a regulatory framework for the FDA to begin a drug approval process for marijuana.

In addition, HR 2835 would also provide protection from the CSA and the federal Food, Drug, and Cosmetic Act (FDCA) for qualified patients and caregivers in states that have legalized the use of medical marijuana.

WHAT IT DOES

· HR 2835 would reclassify marijuana from a Schedule I drug to a Schedule II drug, which would recognize the medical value of marijuana.

· HR 2835 prevents the CSA and FDCA from prohibiting or restricting a physician from prescribing or recommending marijuana for medical use,

· HR 2835 prevents the CSA and FDCA prohibiting or restricting an individual from obtaining, possessing, transporting within their state, manufacturing, or using marijuana in accordance with their state law

· HR 2835 prevents the CSA and FDCA prohibiting or restricting an individual authorized under State law from obtaining, possessing, transporting within their state, or manufacturing marijuana on behalf of an authorized patient,

· HR 2835 prevents the CSA and FDCA prohibiting or restricting an entity authorized under local or State law to distribute medical marijuana to authorized patients from obtaining, possessing, or distributing marijuana to such authorized patients

WHAT IT DOESN’T DO

· This act does not protect those who do not have a valid recommendation or prescription from a physician.

· This act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.

FACTS

· 13 states, representing nearly 72 million Americans (or 28% of the country’s population), currently have medical marijuana laws

· Three of these 13 states – California, New Mexico, and Rhode Island – currently approve access to medical cannabis through dispensing collectives

· Since 2007, four FDA approved, double-blind, placebo controlled clinical trials have confirmed that cannabis is effective in treating neuropathy, a type of pain that does not respond to other drugs.

· In 2007, the American College of Physicians (ACP) published a position paper which strongly urged protection from criminal or civil penalties for patients who use medical cannabis with a physician’s recommendation. The ACP is the largest medical specialty organization and second largest physician group in the United States.




Source: ASA*:*HR 2835 Fact Sheet

[User]

HR 2835: The Medical Marijuana Patient Protection Act


HR 2835 IH

111th CONGRESS

1st Session

H. R. 2835

To provide for the medical use of marijuana in accordance with the laws of the various States.

IN THE HOUSE OF REPRESENTATIVES

June 11, 2009

Mr. FRANK of Massachusetts (for himself, Mr. BLUMENAUER, Mr. FARR, Mr. MCDERMOTT, Mr. PAUL, Ms. WOOLSEY, Mr. ROHRABACHER, Mr. GRIJALVA, Mr. THOMPSON of California, Mr. GEORGE MILLER of California, Mr. STARK, Mr. HINCHEY, Mr. OLVER, and Ms. BALDWIN) 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 ‘Medical Marijuana Patient Protection 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 in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law--

(A) the prescription or recommendation of marijuana by a physician for medical use;

(B) an individual from obtaining, possessing, or transporting within their State, manufacturing or using marijuana in accordance with a prescription or recommendation of marijuana by a physician for medical use by such individual hereinafter in this section referred to as ‘an authorized patient’;

(C) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana from obtaining, possessing, transporting within their State, or manufacturing marijuana on an authorized patient’s behalf; or

(D) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to authorized patients from obtaining, possessing or distributing marijuana to such authorized patients.

(2) PRODUCTION- No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity authorized by a State or local government, 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, processing, or 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 in a State in which marijuana may be prescribed or recommended by a physician for medical use under applicable State law--

(1) the prescription or recommendation of marijuana by a physician for medical use;

(2) an individual from obtaining, possessing, or transporting within their State, manufacturing, or using marijuana in accordance with a prescription or recommendation of marijuana by a physician for medical use by such individual, hereinafter in this section referred to as ‘an authorized patient’;

(3) an individual authorized under State law to obtain, possess, transport within their State, or manufacture marijuana from obtaining, possessing, transporting within their State, or manufacturing marijuana on an authorized patient’s behalf; or

(4) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to authorized patients from obtaining, possessing or distributing marijuana to such authorized patients.

(b) Production- No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity authorized by a State or local government, 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, processing, or distributing marijuana for such purpose.

SEC. 4. 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.



Source: ASA*:*HR 2835: The Medical Marijuana Patient Protection Act

[Soniq420]

If we can get it to schedule 2 it's the beginning of the end of prohibition

Good job to Barney Frank - let hope this gets voted on