,i #aaeth ,,congress #ast ,session ,h4 ,r4 #gae ,,in ,,the ,,house ,,of ,,representatives ,january #bg1 #bjag,mr4 ,griffith 7for himself and ,mr4 ,blumenauer7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the rescheduling of marihuana1 the medical use of marihuana in accordance with ,state law1 and the exclusion of cannabidiol from the definition of marihuana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,compassionate ,access ,act4 #b4 ,availability of marihuana for medical use 7a7 ,rescheduling 7#a7 ,recommendation by ,,hhs ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services1 in consultation with the ,institute of ,medicine of the ,national ,academy of ,sciences1 shall submit to the ,administrator of the ,drug ,enforcement ,administration a recommendation to transfer marihuana from schedule ,i under section #bjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 to a schedule under such section #bjb other than schedule ,i4 7#b7 ,final rule ,not later than one year after the date of enactment of this ,act1 the ,administrator of the ,drug ,enforcement ,administration shall1 taking into consideration the recommendation under paragraph 7#a71 issue a final rule to transfer marihuana from schedule ,i under section #bjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 to a schedule under such section other than schedule ,i4 7b7 ,cannabidiol 7#a7 ,in general ,paragraph 7#af7 of section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 is amended-- 7,a7 by striking 7#af7 ,the and inserting 7#af77;,a7 ,the2 and 7,b7 by adding at the end the following3 7,b7 ,cannabidiol-- 7i7 is excluded from the definition of marihuana under subparagraph 7,a72 and 7ii7 shall not be treated as a controlled substance under this ,act4 4 7#b7 ,definition ,section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb71 as amended by paragraph 7#a71 is further amended by adding at the end the following3 7#eg7 ,the term cannabidiol means the substance cannabidiol1 as derived from marihuana or synthetically formulated1 that contains not greater than #j4c percent delta-#i-tetrahydrocannabinol on a dry weight basis4 4 7#c7 ,cannabidiol determination by the ,states ,section #bja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7 is amended by adding at the end the following3 7j7 ,cannabidiol determination ,if a person grows or processes marihuana for purposes of making cannabidiol in accordance with ,state law1 the marihuana shall be deemed to meet the concentration limitation under section #ajb7eg71 unless the ,attorney ,general determines that the ,state law is not reasonably calculated to ensure that marihuana grown or processed for purposes of making cannabidiol meets such concentration limitation4 4 7c7 ,regulation under ,state law 7#a7 ,in general ,in a ,state in which marihuana may be prescribed by a physician for medical use under applicable ,state law1 no provision of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 or of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 shall prohibit or otherwise restrict in such ,state in accordance with such ,state law-- 7,a7 the prescription of marihuana by a physician for medical use2 7,b7 an authorized patient under such ,state law from obtaining1 possessing1 transporting1 or using marihuana for that patient's medical use2 7,c7 a caregiver for an authorized patient from obtaining1 possessing1 or transporting marihuana1 as authorized under such ,state law1 for the medical use of such authorized patient2 7,d7 the legally recognized parent or guardian of a minor who is an authorized patient from obtaining1 possessing1 or transporting marihuana1 as authorized under such ,state law1 for the medical use of such minor2 7,e7 an entity from producing1 processing1 or otherwise manufacturing marihuana for medical use1 as authorized under such ,state law2 7,f7 an entity from distributing marihuana for medical use1 as authorized under such ,state law2 7,g7 a pharmacy or other health care provider from dispensing marihuana to an authorized patient for medical use1 as authorized under such ,state law2 or 7,h7 a laboratory or other entity from performing safety1 quality1 or efficacy testing of marihuana for medical use1 as authorized under such ,state law or under ,federal law4 7#b7 ,cannabidiol ,notwithstanding the exclusion of cannabidiol from the definition of marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb71 as amended1 and section #e of this ,act1 this subsection applies with respect to cannabidiol1 as defined in such section #ajb1 to the same extent and in the same manner as this subsection applies with respect to marihuana4 #c4 ,research into potential medicinal uses of marihuana 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall delegate responsibility under section #cjc7;f7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbc7;f77 for control over access to marihuana for research into its potential medicinal uses to an agency of the executive branch that is not focused on researching the addictive properties of substances4 ,such agency shall take appropriate actions to ensure that an adequate supply of marihuana is available for such medicinal research4 7b7 ,consideration of other research in scheduling ,research that is performed in a scientifically sound manner in a ,state where marihuana or cannabidiol is legal for medical purposes1 and in accordance with such ,state's law1 but that does not use marihuana from federally approved sources1 may be considered for purposes of rescheduling marihuana under section #bjb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab74 #d4 ,relation of act to certain prohibitions relating to smoking ,this ,act does not affect any ,federal1 ,state1 or local law regulating or prohibiting smoking in public4 #e4 ,definitions ,in this ,act3 7#a7 ,authorized patient ,the term authorized patient means an individual using marihuana in accordance with a prescription by a physician for medical use4 7#b7 ,marihuana ,except as provided in section #b7;c77#b71 the term marihuana has the meaning given to such term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb71 as amended by section #b7;b74 7#c7 ,physician ,the term physician means a practitioner of medicine1 who-- 7,a7 graduated from a college of medicine or osteopathy2 and 7,b7 is licensed to practice medicine by the appropriate ,state board4 7#d7 ,prescription ,the term prescription means an instruction written by a medical physician in accordance with applicable ,state law that authorizes the provision of a medicine or treatment to a patient4 7#e7 ,state ,the term ,state includes the ,district of ,columbia1 ,puerto ,rico1 and any other territory or possession of the ,united ,states4