HR 2835 Fact Sheet

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.