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States’ Medical Marijuana Property Rights Protection Act

H.R. 262 · 114th Congress · Jan 9, 2015 · Lineage

A BILL

To amend the Controlled Substances Act so as to exempt real property from civil forfeiture due to medical marijuana-related conduct that is authorized by State law.

Section 1 Short title

This Act may be cited as the “States’ Medical Marijuana Property Rights Protection Act”.

Sec. 2 Findings

Congress makes the following findings:
(1)
Eighteen States and the District of Columbia have, through ballot measure or legislative action, approved the use of marijuana for medical purposes when recommended by a physician.
(2)
Marijuana has long-established medical uses as an effective treatment for conditions that include HIV/AIDS, multiple sclerosis, arthritis, gastro-intestinal disorders, chronic pain, and others as well.

Sec. 3 Civil forfeiture exemption for marijuana facilities authorized by State law

Paragraph (7) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended—
(1)
by striking “(7) All” and inserting “(7)(A) Except as provided in subparagraph (B), all”; and
(2)
by adding at the end the following:

“(B) No real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, shall be subject to forfeiture under subparagraph (A) due to medical marijuana-related conduct that is authorized by State law.”