HomeMy WebLinkAbout2013-01-15 Planning Board Supplemental Materials (22)
FAQ Regarding Medical Marijuana in Massachusetts
In November 2012, Massachusetts voters approved a ballot question which allows qualifying
patients with certain medical conditions to obtain and use medical marijuana. While the ballot
question makes medical marijuana legal in the state, the Massachusetts Department of Public
Health must consider several important issues to ensure safe and responsible use.
To that end, DPH has been meeting internally to begin the process of developing these
regulations. DPH is partnering with a wide range of stakeholders in public safety, patient
advocacy groups, the medical community, and municipal governments and will learn from other
states’ experiences to put a system in place that is right for Massachusetts.
The following are a series of frequently asked questions about the current status and
planned timeline for the implementation of regulations required by the new law:
What happens on January 1, 2013?
The medical marijuana law takes effect on January 1, 2013. At that point, the Department will
have 120 days (until May 1, 2013) to issue regulations. Until regulations are in place, medical
marijuana dispensaries cannot open, and DPH cannot issue any registration cards. DPH’s
regulations will reflect input from various stakeholders, and the Department will hold a hearing
and comment period to allow for further public input before the regulations are finalized.
Are qualifying patients eligible for medical marijuana under the new law starting January 1
while DPH is drafting its regulations?
During the time DPH is crafting its regulations, the ballot measure allows the written
recommendation of a qualifying patient’s physician to act as a medical marijuana registration
card. Similarly, the law allows a qualifying patient to cultivate their own limited supply of marijuana
during this period. Under the law, until DPH issues its regulations, it is not involved in regulating
any medical marijuana recommendations between physicians and patients, or in defining the
limited cultivation registration.
How do I qualify as a patient?
The patient must obtain a written certification from a physician for a debilitating medical condition.
The law specifies: cancer, glaucoma, AIDS, hepatitis C, amyotrophic lateral sclerosis (ALS),
Crohn’s disease, Parkinson’s disease, multiple sclerosis and other conditions as determined in
writing by a qualifying patient’s physician. The law allows qualified patients to possess up to a 60-
day supply of marijuana for their personal medical use. The law directs DPH to define a 60-day
supply through regulation.
What must DPH decide before dispensaries can be registered and registration cards can
be issued?
Beginning on January 1, DPH will have 120 days to issue regulations governing numerous
sections of the law. Some of the provisions include: setting application fees for non-profit medical
marijuana treatment centers to fully cover the cost to the state; defining the quantity of marijuana
that constitutes a 60-day supply; setting rules for cultivation and storage of marijuana, which will
be allowed only in enclosed, locked facilities; creating registration cards for qualified patients; and
defining rules around registration cards, personal caregivers, employees of medical marijuana
treatment centers and individuals who qualify for a hardship cultivation registration.
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I want to operate a medical marijuana dispensary. Can I apply for registration while
regulations are being written?
No, because the regulations will specify what information and fee must be submitted for an
application to be considered. In the first year, the law allows DPH to register up to 35 non-profit
treatment centers across the state, with at least one but no more than five centers per county.
The non-profit treatment centers would be registered under the law to grow, process and provide
marijuana to qualified patients.
Will Massachusetts give guidance to health care providers on the medical marijuana law?
The Board of Registration in Medicine is collaborating with DPH to determine how to ensure that
physicians understand the law and its provisions. The Board welcomes the recommendations of
the Massachusetts Medical Society and other interested stakeholders, and will collaborate with
DPH to successfully implement the law and promote patient safety.
Will health insurers or governments be required to cover medical marijuana?
No. Nothing in the law requires any health insurance provider, or any government agency or
authority, to reimburse any person for the expenses of the medical use of marijuana.
Published 12/31/2012