Medical marijuana in Massachusetts has been legal since 2012, with a sixty-day supply for personal medical use as a possession limit. Effective February 01, 2015, under DPH Marijuana Regulations, all patients, including those who are holding a paper certification, must obtain an electronic certification from their physicians and be registered with the Medical Use of Marijuana Program to legally possess marijuana for medical use. Paper certification from physician will no longer suffice for compliance with registration requirements.
A caregiver is defined as any person who is at least twenty-one (21) years of age who has agreed to assist with a qualifying patient’s medical use of marijuana. Personal caregivers are prohibited from consuming marijuana obtained for the personal medical use of the qualifying patient. Caregivers can be a patient’s grower and will need to apply for a Hardship Cultivation Registration do so.
There can be no more than thirty-five Registered Marijuana Dispensaries (RMD) approved in this state, with no more than five per county.Anyone who is under 18 years old shall not be allowed to enter any RMD. Entrance to RMDs must be restricted. All outside vendors, contractors, and visitors must obtain a visitor identification badge prior to entering a limited access area, and shall be escorted at all times by a dispensary agent authorized to enter the limited access area. RMDs should be situated at least 1,000 feet from existing schools. All establishments will be in industrial zones following any municipal by-laws and moratoriums. Some municipalities differ in their zoning restrictions and may be less than 1,000 feet from a school. This is not recommended.
For registered patients or caregivers to be growers, they will need to apply for a Hardship Cultivation Registration, obtain an electronic certification from their physicians, and be registered with the Medical Use of Marijuana Program to legally cultivate marijuana for medical use. The grow site’s description and address should be registered with the Department of Public Health. Grow sites should be located in an area that is enclosed, locked, and not visible to the public.