The Massachusetts Department of Public Health (DPH) filed draft regulations with the Secretary of the Commonwealth regarding medical marijuana use in Massachusetts, which was voted into law on November 12 by voters.
The Massachusetts Department of Public Health (DPH) filed draft regulations with the Secretary of the Commonwealth regarding medical marijuana use in Massachusetts, which was voted into law on November 12.
An Act Regarding Humanitarian Medical Use of Marijuana became law on Jan. 1, 2013 and allows qualifying patients with debilitating medical conditions to get marijuana for medicinal purposes approved by their physician, who must be a Massachusetts doctor.
"The department has taken very seriously our responsibility to promote the health and well-being of all the residents of Massachusetts and to implement a carefully crafted and sensible medical marijuana system in our state," Interim Commissioner of DPH Lauren Smith told reporters Friday.
"We have sought to achieve a balanced approach that will provide appropriate access for patients suffering from debilitating pain and illness while at the same time maintaining a secure system that protects our community. We carefully studied the best practices from 17 states as well as comments from our three listening sessions across the state and feedback from numerous meetings from of many stakeholders. We look forward to receiving more feedback from the public on these draft regulations as we build what we hope to be an innovative and pragmatic system that works best for Massachusetts," continued Smith.
"I appreciate the work done by the Department of Public Health under difficult circumstances," said Representative Jeffrey Sánchez, House Chairman of the Joint Committee on Public Health, in a statement. "These draft regulations are the midpoint of a long regulatory process.
"There is still time for citizens to weigh in on this proposal and I encourage them to do so through the Department’s public hearings or through written comment."
As for what was decided in the draft regulations, the DPH created a set of regulations for dispensaries, physicians and those in need of the medication. Here's what DPH came up with:
- DPH will require each non-profit Medical Marijuana Treatment Center organization to operate its own cultivation and dispensing facilities. This allows for uniform seed-to-sale control and maximized security. No wholesale distribution of marijuana products would be allowed.
- DPH intends to minimize home cultivation by optimizing access through a variety of approaches like mandating discounted rates for low-income residents at all Medical Marijuana Treatment Centers; allowing secure home delivery where necessary; and encouraging personal caregivers, who must be at least 21-years-old, to pick up product instead of cultivation.
- DPH will leave the decision to physicians as to what debilitating condition qualifies patients for medicinal use of marijuana. DPH, however, does say that medical marijuana is intended for use with serious conditions.
- DPH recommends allowing up to 10 ounces for a personal 60-day supply and that physicians would have the authority to increase the amount of a 60-day supply in limited circumstances.
- A physician-patient relationship is a "relationship between a physician acting in the usual course of his or her professional practice, and a patient in which the physician has conducted a clinical visit, completed and documented a full assessment of the patient’s medical history and current medical condition, has explained the potential benefits and risks of marijuana use, and has a role in the ongoing care and treatment of the patient."
- DPH proposes a restrictive model for access to anyone under 18. Patients under 18 will require guardian approval and certification by two physicians, one of whom must be a pediatrician or pediatric specialist. Patients under 18 with a life-limiting illness, likely to result in death within six months, would be certified.
- DPH is recommending requiring a quality assurance and periodic testing plan to test for contaminants -- pests, mold, mildew, heavy metals and pesticides.
- DPH will be responsible for the medical marijuana program throughout the state, including registration of individuals and , inspection of Medical Marijuana Treatment Centers and enforcement. according to a press release, DPH has developed a framework for engaging municipal government and will not prevent cities and towns from assessing fees or passing local regulations, including zoning or siting.
- DHP has limited advertising materials, for medical marijuana. It recommends prohibiting ads that depict or encourage the recreational use of marijuana, or portray youth, or show smoking or smokable products.
The new law will allow for as many as 35 non-profit dispensaries to open around Massachusetts where patients can receive up to a 60-day supply of marijuana with a limited supply of no more than 10 ounces except in limited circumstances where doctors have the authority to increase the supply.
According to Smith, the process to get dispensaries up and running will start after the DPH's regulations are approved. The DPH is holding an open comment period until April 20th on the draft regulations proposed today. It will hold public hearings on April 19th in Northampton, Plymouth and Boston. After the public comments period is over, the DPH will bring final regulations to the public health council on May 8th, according to Smith.
After the regulations are approved the DPH will begin the process of selecting who can open a dispensary in the state.
"In addition to propagating the regulations, which we will do, there also needs to be a very robust process for selecting, from however many applications we get, the actual medical marijuana treatment centers that will be ultimately granted the ability to open," said Smith. "Then after that process goes through, and clearly we need to do a very careful and thorough job of assessing all those applications, then of course the selected treatment centers need to get their building and hire their staff and organize their policies and procedures and obtain their product."