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The Humboldt Medical Marijuana Advisory Panel is a community-based nonpartisan policy group created to foster comprehensive approaches to legal marijuana policy, integrating health, safety, economic, and regulatory issues in Humboldt County, California and the United States.

HuMMAP speaks for the interests of legal marijuana growers, patients, caregivers, distributors and support services across Humboldt County. Join us!

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States' Medical Marijuana Patient Protection Act introduced in Congress.

NORML, the National Organization for the Reform of Marijuana Laws had this summary: House Bill 1983, the States’ Medical Marijuana Patient Protection Act, would ensure that medical cannabis patients in states that have approved its use will no longer have to fear arrest or prosecution from federal law enforcement agencies. It states, “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.”
The measure also calls for an expedited rescheduling review by the federal government that would reclassify cannabis fromSchedule I to Schedule III under the federal Controlled Substances Act, recognizing the plant’s accepted medical use and streamlining the federal approval process for medical marijuana research.

The relatively short text of the bill is reprinted below. In short, it says that if your state allows medical marijuana use and you are in compliance with your state’s medical marijuana laws, the feds shall not arrest or prosecute you. It also reschedules marijuana from Schedule I to Schedule III, meaning that the medical benefits are to be recognized. This NORML link has a pre-filled-out form letter that will be emailed on your behalf to your member of Congress in support of this bill.

If passed, the effects would be dramatic: an end to raids on growers and dispensaries that are within state law and an end to the threatening letters that have been repeatedly sent to state officials by the U.S. Attorney’s office regarding medical marijuana laws. It would allow states to pass laws that actually worked for patients and growers without having to do the silly dance around Federal restrictions. It would also prevent hostile state-level officials, such as Arizona Governor Jan Brewer, from invoking Federal law to stomp on the will of voters. A medical marijuana law was recently passed in that state, only to have it be suspended by Brewer out of false fears of Federal conflicts. So much of the work HuMMAP and others have been doing has been hampered by the looming threat of DEA intervention in otherwise state-legal medical marijuana operations. Removing that threat would ensure safe access for patients, the removal of barriers to clinical research and the ability for growers to make a legitimate living farming a plant they love.

HuMMAP encourages everyone to call or write to your Congressional representative and demand their support for this bill.

 

H.R.1983 — States’ Medical Marijuana Patient Protection Act (Introduced in House – IH)

HR 1983 IH

112th CONGRESS

1st Session

H. R. 1983

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

IN THE HOUSE OF REPRESENTATIVES

May 25, 2011

Mr. FRANK of Massachusetts (for himself, Mr. ROHRABACHER, Mr. STARK, and Mr. POLIS) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To provide for the rescheduling of marijuana and 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 `States’ Medical Marijuana Patient Protection Act’.

SEC. 2. CONTROLLED SUBSTANCES ACT.

(a) Schedule-

(1) Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, in cooperation with the National Academy of Sciences’ Institute of Medicine, shall submit to the Administrator of the Drug Enforcement Administration a recommendation on the listing of marijuana within the Controlled Substances Act (CSA), and shall recommend a listing other than `Schedule I’ or `Schedule II’.

(2) Not later than 12 months after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, based upon the recommendation of the National Academy of Sciences, 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.

(b) Limitations on the Application of the Controlled Substances Act-

(1) IN GENERAL- No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law–

(A) 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;

(B) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or

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

(2) PRODUCTION- No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purposes.

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 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; or

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

(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 a State in which the possession and use of marijuana for medical purposes is legal 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.

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