Information on the recently issued state regulations on medical marijuana, courtesy of an email from Rep. Denise Garlick –

Subject: Final Medical Marijuana regs approved

Dear Colleagues,

Today, the Public Health Council of the Massachusetts Department of Public Health unanimously approved final regulations to implement the commonwealth’s voter approved medical marijuana law, which will take effect on May 24, 2013. These regulations are the result of an unprecedented and in depth process of soliciting input, collecting data and information from other medical marijuana states, and undergoing research to understand and implement best practices in filling out the framework that was established through the voter initiative. Doctors, patients, caretakers, law enforcement officials, lawmakers, parents, substance abuse councilors, entrepreneurs and others offered comments, testimony and information to DPH and each issue that arose was considered and addressed to the best of the Department’s ability. After draft regulations were released, the public was offered yet another opportunity to comment and recommend changes, and the final regulations were subject to the scrutiny of the Public Health Council.

This effort has not been taken lightly by DPH and as a result we can expect a program in place that can serve as a model to the rest of the country as more and more states look to legalize medical marijuana. While the voter initiative created the framework for the law, the regulations crafted by DPH filled out the program in a way consistent with the will of the voters, who entrusted the agency to address the missing components. These comprehensive regulations balance the very real need of many patients in our state suffering from debilitating conditions and the safety and protection of the general public, including our young people.

Among the many issues of concern addressed through these regulations are:

• ·         Ensuring legitimacy of patient certification and registration through a bona-fide relationship between patient and MA licensed physician
• ·         Continuing education requirements for certifying physicians
• ·         Ongoing monitoring and treatment of any medical marijuana patient by recommending doctor
• ·         Laboratory testing of medical marijuana products
• ·         Limiting access to patients under 18 years of age to those with life limiting illnesses, parental consent, and recommendation from 2 physicians (one of which is a pediatrician)
• ·         Stringent rules and restrictions around advertising and marketing of medical marijuana
• ·         Further clarification regarding the definition of a qualifying “debilitating condition” while preserving the rights of doctors and their patients to determine appropriate use
• ·         An appropriate and reasonable limit of allowable possession by patients
• ·         A limited number of highly secured and monitored dispensaries across the state, subject to inspection and “seed to sale” monitoring of product
• ·         Tight restrictions, qualifying criteria and alternative options for low income and disabled patients to drastically limit the allowance of hardship cultivation
• ·         A comprehensive application process for dispensaries, including provisions to require non-profit documentation, adequate resources to operate, no criminal background of dispensary agents, an analysis of projected patient population, plans for operation and security and an emphasis on local engagement from within proposed community

In addition, the new law does not:

• ·         Supersede Massachusetts laws prohibiting possession, cultivation, transport, distribution or sale of marijuana for non-medical purposes
• ·         Allow the operation of a motor vehicle while under the influence of marijuana
• ·         Require a health care profession to recommend, or an insurer to cover, the use of medical marijuana
• ·         Require accommodation of medical marijuana use in schools, workplaces, or correctional facilities
• ·         Require the smoking of marijuana in any public place
• ·         Supersede the existing rights of landlords

The final regulations will be posted for review by the end of the day at ww.mass.gov/medicalmarijuana. I have been actively engaged with DPH throughout this process, and I am happy to remain a resource to you and your constituents as the program moves forward.  

Sincerely,

Frank I. Smizik

15^th Norfolk