H.R. 331House115th Congress (2017-2019)In Committee

States' Medical Marijuana Property Rights Protection Act

Introduced January 5, 2017

AI-Generated Summary

Updated April 15, 2026 at 11:20 AM UTC

The States' Medical Marijuana Property Rights Protection Act would change federal law so that land or buildings used for medical marijuana activities that are legal under state law cannot be taken by the federal government through civil forfeiture. It amends the Controlled Substances Act to protect owners of such property from losing their real estate because of state‑authorized medical marijuana operations.

Key Provisions

  • Amends 21 U.S.C. § 881(a)(7) to add a new subparagraph (B) that specifically bars civil forfeiture of any real property—land, buildings, and related improvements—when the property is involved in medical marijuana conduct that a state has authorized.
  • Leaves the existing forfeiture rules for other types of property unchanged, applying the exemption only to real property linked to state‑legal medical marijuana activities.

Legislative Activity

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3 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

January 31, 2017

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HouseIntro Referral

Introduced in House

January 5, 2017

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

January 5, 2017

HouseCommittee

Referred to the Subcommittee on Health.

January 25, 2017

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

January 31, 2017

Bill Text

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Introduced in HouseIssued January 5, 2017

I

115th CONGRESS

1st Session

H. R. 331

IN THE HOUSE OF REPRESENTATIVES

January 5, 2017

Ms. Lee (for herself and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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.

1.

Short title

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

2.

Findings

Congress makes the following findings:

(1)

Twenty-eight States, the District of Columbia, Puerto Rico, and Guam have, through ballot measure or legislative action, approved the comprehensive use of marijuana for medical purposes when recommended by a physician.

(2)

An additional 17 States have approved the use of low THC, high cannabidiol (CBD) products for medical reasons in some situations.

(3)

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.

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.

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