Letter, Notice, Proposed Filings Draft

8/12/2019 Letter, Notice, Proposed Filings Draft

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February 25, 2014

Dudley District Court

c/o District Attorneys Office (Joe Reilly)

West Main Street

Dudley, MA 01571

Re: Notice & Proposed Filings Case No. 1364CR003053

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1.) Chapter 369 of the Acts of 2012, An Act for theHumanitarian Medical Use of Marijuana, was enacted onJanuary 1, 2013.

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2.) Department of Healths regulation, 105 CMR 725.000,implementing Chapter 369 of the Acts of 2012, was enactedon May 8, 2013.

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3.) Since January 1, 2013, possession of marijuana underChapter 369 of the Acts of 2012, in proper circumstances,is legal.

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4.) On dates prior to Department of Health acceptingapplications for qualifying patient registrations, to have


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attained the status of a qualified patient a patient musthave obtained a written certification from a physician for adebilitating medical condition.

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10.) In Massachusetts, generally searches premised onpolice officer s mistake of law, even a reasonable, good-faithmistake, are generally held to be unconstitutional

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C o m m o n w e a l t h O f M a s s a c h u s e t t sD i s t r i c t C o u r t i n D u d l e y

STURBRIDGE P.D.,Plaintiff,

V .

BEN MURRAY,Defendant

C r im ina l Ac t i on N o . : 1364C R 003053

A F F I D A V I T O F D E F E N D A N T I N S U P P O R T O F D E F E N D A N T ' SM O T I O N T O S U P P R E S S E V I D E N C E

I, Ben Murray, the Defendant in the above-numbered complaint, hereby state thefollowing is true to the best of my knowledge and belief:

1. On September 7, 2013 during the later afternoon hours, I was operating a motorvehicle on Route 20 West in Sturbridge, MA. As I came to a dual set of lightsroughly 100 yards apart in front of the Motel 8 the first set of lights was justturning yellow so I continued through to the second set of lights slowing down tostop as it was turning red.

2. 1 stopped behind another vehicle for roughly ten to fifteen seconds waiting forthe light to turn green and as I looked in the driver side mirror to proceed, I sawa set of flashing lights so 1 started to pull over.

3. At approximately 6 PM I was stopped by a member of the Sturbridge PoliceDepartment. The Officer approached my vehicle and told me to pull off of Route20 into a restaurant parking lot. I pulled off of Route 20 as instructed and gave theOfficer my license and registration. As I gave him my information he said to meI his stop is being recorded. He went to his vehicle and returned briefly with aticket in hand and said I gave you a warning for the red light violation and $25.00

Page 1 of 3


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for no seatbelt. , then asked Are there any drugs in the vehicle? I instantlyreplied yes, some marijuana. He asked how much and I replied six to sevenounces and advised that I am a medical marijuana patient and retrieved myDoctor's rtH:ommendation and mailed receipt and handed it to him advising that Iarn allowed to possess ten ounces. He then replied What law^? He asked me tosee the nuuljuana and I gave him my Tupperware with my medication. He thenreplied How am I supposed to know that this is ten ounces? Tlien he told me toexit the vehicle. At that point a couple of more officers showed up and one ofthem gave me a sobriety test.

4. At that time, a different officer conducted a search of my motor vehicle, personarid back-pack in which I carry my medication and accessories. At that point theyplv-vd rac under arrest and brought me to the Sturbridge Police station andtowed my vehicle.

5. At no time did the officer show me a warrant for my arrest or a search warrant forme and the automobile 1 was operating.

n. Hierefore, I believe that neither an arrest warrant nor a search warrant existedthat authorized the arrest or seaixh of my person. I also believe that a searchwarrant did not exist that authorized the search of the automobile I wasoperating.

7. Under Massachusetts law, 369 Mass Acts, I am informed and believe that I mallowed to oosses a sixty-day supply of medical marijuana and do so withoutbeing subject to atrest or prosecution. I have satisfied all requirements under thatlaw, and also the new regulations.

Page 2 of 3


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Signed under the pains and penalt ies of perjury this day of 20

Ben Murray, Defendant

C o m m o n w e a l t h o f M a s s a c h u s e t t s^ ^ s sThe forgong nstrument was acknowedged by me ths day ofCHoVQ 20M viAra-i ho is personally known by me or who has

produced: T> * as identification .K - A a

State of Notary's CommissionIviJgvVa ^

Printed Name of Notaryf c - ^ I - 2 - C 2 , 0

Notary's Expiration

Notary Identification Number (optional)

Notary's Seal

Page 3 of 3


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28/106


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"#$%& '( )'*"&*"+ (', &-./$/"+

Exhibit A: Chapter 369 of the Acts of 2012 1

Exhibit B: 105 CMR 725 000 8 Exhibit C

Letter from DPH to Public Health Counsel 61


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#

&-./$/"#0Chapter 369 of the Acts of 2012

Motion for Judical Notice of LawExhibit Page 1


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12/28/13, 2:ession Laws: CHAPTER 369 of the Acts of 2012

Page ttps://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter369/Print

P

Be it enacted by the People, and by their authority, as follows:

Section 1. Purpose and Intent.

The citizens of Massachusetts intend that there should be no punishment under state law for

qualifying patients, physicians and health care professionals, personal caregivers for patients, or

medical marijuana treatment center agents for the medical use of marijuana, as defined herein.

Section 2. As used in this Law, the following words shall, unless the context clearly requires

otherwise, have the following meanings:

(A) Card holder shall mean a qualifying patient, a personal caregiver, or a dispensary agent of a

medical marijuana treatment center who has been issued and possesses a valid registration card.(B) Cultivation registration shall mean a registration issued to a medical marijuana treatment

center for growing marijuana for medical use under the terms of this Act, or to a qualified patient o

personal caregiver under the terms of Section 11.

(C) Debilitating medical condition shall mean:

Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency

syndrome (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.

(D) Department shall mean the Department of Public Health of the Commonwealth of

Massachusetts.

(E) Dispensary agent shall mean an employee, staff volunteer, officer, or board member of a non

profit medical marijuana treatment center, who shall be at least twenty-one (21) years of age.

(F) Enclosed, locked facility shall mean a closet, room, greenhouse, or other area equipped with

locks or other security devices, accessible only to dispensary agents, patients, or personal

caregivers.

(G) Marijuana, has the meaning given marihuana in Chapter 94C of the General Laws.

(H) Medical marijuana treatment center shall mean a not-for-profit entity, as defined byMassachusetts law only, registered under this law, that acquires, cultivates, possesses, processes

(including development of related products such as food, tinctures, aerosols, oils, or ointments),

transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing

marijuana, related supplies, or educational materials to qualifying patients or their personal

caregivers.

(I) Medical use of marijuana shall mean the acquisition, cultivation, possession, processing,

CHAPTER 369

Acts2012

AN AC T FO R THE HUMA NI TARIAN ME DI CAL USE OF MA RI JUA NA .

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(including development of related products such as food, tinctures, aerosols, oils, or ointments),

transfer, transportation, sale, distribution, dispensing, or administration of marijuana, for the benef

of qualifying patients in the treatment of debilitating medical conditions, or the symptoms thereof.

(J) Personal caregiver shall mean a person who is at least twenty-one (21) years old 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.An employee of a hospice provider, nursing, or medical facility providing care to a qualifying patien

may also serve as a personal caregiver.

(K) Qualifying patient shall mean a person who has been diagnosed by a licensed physician as

having a debilitating medical condition.

(L) Registration card shall mean a personal identification card issued by the Department to a

qualifying patient, personal caregiver, or dispensary agent. The registration card shall verify that a

physician has provided a written certification to the qualifying patient, that the patient has designat

the individual as a personal caregiver, or that a medical treatment center has met the terms of

Section 9 and Section 10 of this law. The registration card shall identify for the Department and law

enforcement those individuals who are exempt from Massachusetts criminal and civil penalties for

conduct pursuant to the medical use of marijuana.

(M) Sixty-day supply means that amount of marijuana that a qualifying patient would reasonably

expected to need over a period of sixty days for their personal medical use.

(N) Written certification means a document signed by a licensed physician, stating that in the

physician's professional opinion, the potential benefits of the medical use of marijuana would likely

outweigh the health risks for the qualifying patient. Such certification shall be made only in the

course of a bona fide physician-patient relationship and shall specify the qualifying patient'sdebilitating medical condition(s).

Section 3. Protection from State Prosecution and Penalties for Health Care Professionals

A physician, and other health care professionals under a physician's supervision, shall not be

penalized under Massachusetts law, in any manner, or denied any right or privilege, for:

(a) Advising a qualifying patient about the risks and benefits of medical use of marijuana; or

(b) Providing a qualifying patient with written certification, based upon a full assessment of the

qualifying patient's medical history and condition, that the medical use of marijuana may benefit a

particular qualifying patient.

Section 4. Protection From State Prosecution and Penalties for Qualifying Patients and PersonalCaregivers

Any person meeting the requirements under this law shall not be penalized under Massachusetts

law in any manner, or denied any right or privilege, for such actions.

A qualifying patient or a personal caregiver shall not be subject to arrest or prosecution, or civil

penalty, for the medical use of marijuana provided he or she:



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(a) Possesses no more marijuana than is necessary for the patient's personal, medical use, not

exceeding the amount necessary for a sixty-day supply; and

(b) Presents his or her registration card to any law enforcement official who questions the patient o

caregiver regarding use of marijuana.

Section 5. Protection From State Prosecution and Penalties for Dispensary Agents.

A dispensary agent shall not be subject to arrest, prosecution, or civil penalty, under Massachuset

law, for actions taken under the authority of a medical marijuana treatment center, provided he orshe:

(a) Presents his or her registration card to any law enforcement official who questions the agent

concerning their marijuana related activities; and

(b) Is acting in accordance with all the requirements of this law.

Section 6. Protection Against Forfeiture and Arrest

(A) The lawful possession, cultivation, transfer, transport, distribution, or manufacture of medical

marijuana as authorized by this law shall not result in the forfeiture or seizure of any property.

(B) No person shall be arrested or prosecuted for any criminal offense solely for being in the

presence of medical marijuana or its use as authorized by this law.

Section 7. Limitations of Law

(A) Nothing in this law allows the operation of a motor vehicle, boat, or aircraft while under the

influence of marijuana.

(B) Nothing in this 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.

(C) Nothing in this law requires any health care professional to authorize the use of medical

marijuana for a patient.

(D) Nothing in this law requires any accommodation of any on-site medical use of marijuana in anyplace of employment, school bus or on school grounds, in any youth center, in any correctional

facility, or of smoking medical marijuana in any public place.

(E) Nothing in this law supersedes Massachusetts law prohibiting the possession, cultivation,

transport, distribution, or sale of marijuana for nonmedical purposes.

(F) Nothing in this law requires the violation of federal law or purports to give immunity under fede

law.

(G) Nothing in this law poses an obstacle to federal enforcement of federal law.

Section 8. Department to define presumptive 60-day supply for qualifying patients.

Within 120 days of the effective date of this law, the department shall issue regulations defining thquantity of marijuana that could reasonably be presumed to be a sixty-day supply for qualifying

patients, based on the best available evidence. This presumption as to quantity may be overcome

with evidence of a particular qualifying patient's appropriate medical use.

Section 9. Registration of nonprofit medical marijuana treatment centers.

(A) Medical marijuana treatment centers shall register with the department.



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(B) Not later than ninety days after receiving an application for a nonprofit medical marijuana

treatment center, the department shall register the nonprofit medical marijuana treatment center to

acquire, process, possess, transfer, transport, sell, distribute, dispense, and administer marijuana

for medical use, and shall also issue a cultivation registration if:

1. The prospective nonprofit medical marijuana treatment center has submitted:

(a) An application fee in an amount to be determined by the department consistent with Section 13

of this law.(b) An application, including:

(i) The legal name and physical address of the treatment center and the physical address of one

additional location, if any, where marijuana will be cultivated.

(ii) The name, address and date of birth of each principal officer and board member.

(c) Operating procedures consistent with department rules for oversight, including cultivation and

storage of marijuana only in enclosed, locked facilities.

2. None of the principal officers or board members has served as a principal officer or board

member for a medical marijuana treatment center that has had its registration certificate revoked.

(C) In the first year after the effective date, the Department shall issue registrations for up to thirty-

five non-profit medical marijuana treatment centers, provided that at least one treatment center sh

be located in each county, and not more than five shall be located in any one county. In the event

the Department determines in a future year that the number of treatment centers is insufficient to

meet patient needs, the Department shall have the power to increase or modify the number of

registered treatment centers.

(D) A medical treatment center registered under this section, and its dispensary agents registered

under Section 10, shall not be penalized or arrested under Massachusetts law for acquiring,

possessing, cultivating, processing, transferring, transporting, selling, distributing, and dispensingmarijuana, products containing marijuana, and related supplies and educational materials, to

qualifying patients or their personal caregivers.

Section 10. Registration of medical treatment center dispensary agents.

(A) A dispensary agent shall be registered with the Department before volunteering or working at a

medical marijuana treatment center.

(B) A treatment center must apply to the Department for a registration card for each affiliated

dispensary agent by submitting the name, address and date of birth of the agent.

(C) A registered nonprofit medical marijuana treatment center shall notify the department within on

business day if a dispensary agent ceases to be associated with the center, and the agent'sregistration card shall be immediately revoked.

(D) No one shall be a dispensary agent who has been convicted of a felony drug offense. The

Department is authorized to conduct criminal record checks with the Department of Criminal Justic

Information to enforce this provision.

Section 11. Hardship Cultivation Registrations.



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The Department shall issue a cultivation registration to a qualifying patient whose access to a

medical treatment center is limited by verified financial hardship, a physical incapacity to access

reasonable transportation, or the lack of a treatment center within a reasonable distance of the

patient's residence. The Department may deny a registration based on the provision of false

information by the applicant. Such registration shall allow the patient or the patient's personal

caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuan

and shall require cultivation and storage only in an enclosed, locked facility. The department shallissue regulations consistent with this section within 120 days of the effective date of this law. Until

the department issues such final regulations, the written recommendation of a qualifying patient's

physician shall constitute a limited cultivation registration.

Section 12. Medical marijuana registration cards for qualifying patients and designated caregivers

(A) A qualifying patient may apply to the department for a medical marijuana registration card by

submitting

1. Written certification from a physician.

2. An application, including:

(a) Name, address unless homeless, and date of birth.

(b) Name, address and date of birth of the qualifying patient's personal caregiver, if any.

Section 13. Department implementation of Regulations and Fees.

Within 120 days of the effective date of this law, the department shall issue regulations for the

implementation of Sections 9 through 12 of this Law. The department shall set application fees for

non-profit medical marijuana treatment centers so as to defray the administrative costs of the

medical marijuana program and thereby make this law revenue neutral.

Until the approval of final regulations, written certification by a physician shall constitute a

registration card for a qualifying patient. Until the approval of final regulations, a certified mail returreceipt showing compliance with Section 12 (A) (2) (b) above by a qualifying patient, and a

photocopy of the application, shall constitute a registration card for that patient's personal caregive

Section 14. Penalties for Fraudulent Acts.

(A) The department, after a hearing, may revoke any registration card issued under this law for a

willful violation of this law. The standard of proof for revocation shall be a preponderance of the

evidence. A revocation decision shall be reviewable in the Superior Court.

(B) The fraudulent use of a medical marijuana registration card or cultivation registration shall be a

misdemeanor punishable by up to 6 months in the house of correction, or a fine up to $500, but if

such fraudulent use is for the distribution, sale, or trafficking of marijuana for non-medical use forprofit it shall be a felony punishable by up to 5 years in state prison or up to two and one half year

in the house of correction.

Section 15. Confidentiality

The department shall maintain a confidential list of the persons issued medical marijuana

registration cards. Individual names and other identifying information on the list shall be exempt fro



36/106



the provisions of Massachusetts Public Records Law, M.G.L. Chapter 66, section 10, and not

subject to disclosure, except to employees of the department in the course of their official duties a

to Massachusetts law enforcement officials when verifying a card holder's registration.

Section 16. Effective Date.

This law shall be effective January 1, 2013.

Section 17. Severability.

The provisions of this law are severable and if any clause, sentence, paragraph or section of thismeasure, or an application thereof, shall be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be

confined in its operation to the clause, sentence, paragraph, section or application adjudged invali

ELECTION, 2012.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section10https://malegislature.gov/Laws/GeneralLaws/PartI/TitleX/Chapter66/Section10


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$

&-./$/"$0105 CMR 725.000



38/106

105 CMR: Department of Public Health

105 CMR 725.000: IMPLEMENTATION OF AN ACT FOR THE HUMANITARIANMEDICAL USE OF MARIJUANA

725.001: Purpose725.002: Scope

725.003: Authority725.004: Definitions725.005: Registration of Certifying Physicians725.010: Certifying Physicians Certification of a Debilitating Medical Condition for a

Qualifying Patient725.015: Registration of Qualifying Patients725.020: Registration of Personal Caregivers725.025: Responsibilities of Personal Caregivers725.030: Registration of Dispensary Agents725.035: Hardship Cultivation Registration725.100: Registration of Registered Marijuana Dispensaries

725.105: Operational Requirements for Registered Marijuana Dispensaries725.110: Security Requirements for Registered Marijuana Dispensaries725.200: Confidentiality725.300: Inspection of Registered Marijuana Dispensaries725.305: Deficiency Statements725.310: Plan of Correction725.400: Registered Marijuana Dispensary: Grounds for Denial of Initial Application for

Registration725.405: Registered Marijuana Dispensary Registration: Grounds for Denial of Renewal

Applications and Revocation725.410: Void Registered Marijuana Dispensary Registration725.415: Registered Marijuana Dispensary Registration: Limitation of Sales by Registered

Marijuana Dispensaries725.420: Denial of a Registration Card or Hardship Cultivation Registration725.425: Revocation of a Registration Card or Hardship Cultivation Registration725.430: Revocation of a Certifying Physician Registration725.435: Void Certifying Physician Registration725.440: Void Registration Cards725.445: Summary Cease and Desist Order and Quarantine Order725.450: Summary Suspension Order725.500: Administrative Review: Non-Selection of a Registered Marijuana Dispensarys

Application for Initial Registration725.505: Hearings725.510: Effect of Denial of Renewal or Revocation of Registered Marijuana Dispensary

Registration, Revocation of Dispensary Agent Registration, and Surrender of aRegistration

725.600: Municipal Requirements725.650: Non-Conflict with Other Law725.700: Waivers725.800: Severability

1Regulation As Approved by the Public Health Council Last Modified 5.8.13



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725.001: Purpose

The purpose of 105 CMR 725.000 is to implement Chapter 369 of the Acts of 2012, An Act forthe Humanitarian Medical Use of Marijuana.

725.002: _Scope

105 CMR 725.000 applies to every person who:

(A) Seeks to register or registers with the Department as a certifying physician, registeredqualifying patient, personal caregiver, or for hardship cultivation;

(B) Is a physician who seeks to certify or certifies that a person has a debilitating medicalcondition; or

(C) Seeks to register or registers with the Department as a registered marijuana dispensary(RMD), or dispensary agent, including such RMDs board members, directors, employees,executives, managers, and volunteers.

725.003: Authority

105 CMR 725.000 is promulgated pursuant to Chapter 369 of the Acts of 2012, An Act for theHumanitarian Medical Use of Marijuana, and M.G.L. c. 111, s. 3.

725.004: ____Definitions

For the purposes of 105 CMR 725.000, the following terms shall have the following meanings:

Act means Chapter 369 of the Acts of 2012, An Act for the Humanitarian Medical Use ofMarijuana.

Arming Station means a device that allows control of a security alarm system.

Bona Fide Physician-Patient Relationship means a relationship between a certifying physician,acting in the usual course of his or her professional practice, and a patient in which the physicianhas conducted a clinical visit, completed and documented a full assessment of the patientsmedical history and current medical condition, has explained the potential benefits and risks ofmarijuana use, and has a role in the ongoing care and treatment of the patient.

Card Holder means a registered qualifying patient, a personal caregiver, or a dispensary agent ofa RMD who has been issued and possesses a valid registration card.

Certificate of Registration means the certificate issued by the Department that confirms that aRMD has met all requirements pursuant to the Act and 105 CMR 725.000 and is registered bythe Department.




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Certifying Physician means a Massachusetts licensed physician (Medical Doctor or Doctor ofOsteopathy) who certifies that in his or her professional opinion, the potential benefits of themedical use of marijuana would likely outweigh the health risks for a qualifying patient.

Commercially Available Candy means any product that is manufactured and packaged in theform of bars, drops, or pieces and that includes a sweetened mixture of chocolate, caramel,nougat, nuts, fruit, cream, honey, marshmallow or any similar combination to create a dessert-like confection.

Commissioner means the Commissioner of Public Health or the Commissioners designee.

Debilitating means causing weakness, cachexia, wasting syndrome,intractable pain, or nausea,or impairing strength or ability, and progressing to such an extent that one or more of a patientsmajor life activities is substantially limited.

Debilitating Medical Condition means cancer, glaucoma, positive status for humanimmunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C,amyotrophic lateral sclerosis (ALS), Crohns disease, Parkinsons disease, and multiple sclerosis(MS), when such diseases are debilitating, and other debilitating conditions as determined inwriting by a qualifying patients certifying physician.

Department means the Massachusetts Department of Public Health.

Dispensary Agent means a board member, director, employee, executive, manager, or volunteerof a RMD, who is at least 21 years of age. Employee includes a consultant or contractor whoprovides on-site services to a RMD related to the cultivation, harvesting, preparation, packaging,storage, testing, or dispensing of marijuana.

Duress Alarm means a silent security alarm system signal generated by the entry of a designatedcode into an arming station in order to signal that the alarm user is being forced to turn off thesystem.

Edible Marijuana-Infused Products (edible MIPs) means a Marijuana-Infused Product (MIP) thatis to be consumed by eating or drinking.

Enclosed, Locked Area means a closet, room, greenhouse, or other indoor or outdoor areaequipped with locks or other security devices, accessible only to dispensary agents, registeredqualifying patients, or personal caregivers.

Executive means the chair of a board of directors, chief executive officer, executive director,president, senior director, other officer, and any other executive leader of a RMD.

Flowering means the gametophytic or reproductive state of marijuanain which the plantproduces flowers, trichomes, and cannabinoids characteristic of marijuana.




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Hardship Cultivation Registration means a registration issued to a registered qualifying patientunder the requirements of 105 CMR 725.035.

Holdup Alarm means a silent alarm signal generated by the manual activation of a deviceintended to signal a robbery in progress.

Immediate Family Member means a spouse, parent, child, grandparent, grandchild, or sibling,including in-laws.

Known Allergen means milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, andsoybeans.

Life-Limiting Illness means a debilitating medical condition that does not respond to curativetreatments, where reasonable estimates of prognosis suggest death may occur within two years.

Limited Access Area means a building, room, or other indoor or outdoor area on the registered

premises of a RMD where marijuana, MIPs, or marijuana by-products are cultivated, stored,weighed, packaged, processed, or disposed, under control of a RMD, with access limited to onlythose dispensary agents designated by the RMD.

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seedsthereof; and resin extracted from any part of the plant; and every compound, manufacture, salt,derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the maturestalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant,any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks,except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which isincapable of germination. The term also includes MIPs except where the context clearly indicatesotherwise.

Massachusetts Resident means a person whose primary residence is located in Massachusetts.

Marijuana-Infused Product (MIP) means a product infused with marijuana that is intended foruse or consumption, including but not limited to edible products, ointments, aerosols, oils, andtinctures. These products, when created or sold by a RMD, shall not be considered a food or adrug as defined in M.G.L. c. 94, s. 1.

Medical Marijuana Treatment Center means a not-for-profit entity registered under 105 CMR725.100, to be known as a registered marijuana dispensary (RMD), that acquires, cultivates,possesses, processes (including development of related products such as edible MIPs, tinctures,aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administersmarijuana, products containing marijuana, related supplies, or educational materials to registeredqualifying patients or their personal caregivers. Unless otherwise specified, RMD refers to thesite(s) of dispensing, cultivation, and preparation of marijuana.

Member means a member of a non-profit entity incorporated pursuant to M.G.L. c. 180.




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Panic Alarm means an audible security alarm system signal generated by the manual activationof a device intended to signal a life threatening or emergency situation requiring a lawenforcement response.

Paraphernalia means drug paraphernalia as defined in M.G.L. c. 94C, s. 1.

Person means an individual or a non-profit entity.

Personal Caregiver means a person, registered by the Department, who is at least 21 years old,who has agreed to assist with a registered qualifying patients medical use of marijuana, and isnot the registered qualifying patients certifying physician. An employee of a hospice provider,nursing, or medical facility or a visiting nurse, personal care attendant, or home health aideproviding care to a qualifying patient may serve as a personal caregiver, including to patientsunder 18 years of age as a second caregiver.

Propagation means the reproduction of marijuanaplants by seeds, cuttings, or grafting.

Production Area means any limited access area within the RMD where marijuana is handled orproduced in preparation for sale.

Qualifying Patient means a Massachusetts resident 18 years of age or older who has beendiagnosed by a Massachusetts licensed certifying physician as having a debilitating medicalcondition, or a Massachusetts resident under 18 years of age who has been diagnosed by twoMassachusetts licensed certifying physicians, at least one of whom is a board-certifiedpediatrician or board-certified pediatric subspecialist, as having a debilitating medical conditionthat is also a life-limiting illness, subject to 105 CMR 725.010(J).

Real-Time Inventory means using a single electronic system to capture everything that happensto an individual marijuana plant, from seed and cultivation, through growth, harvest andpreparation of MIPs, if any, to final sale of finished products. This system shall chronicle everystep, ingredient, activity, transaction, and dispensary agent, registered qualifying patient, orpersonal caregiver who handles, obtains, or possesses the product. This system shall utilize aunique plant identification and unique batch identification.

Registered Qualifying Patient means a qualifying patient who has applied for and received aregistration card from the Department.

Registrant means the holder of a registration card or a certificate of registration, or a certifyingphysician registered with the Department.

Registration Card means an identification card issued by the Department to a registeredqualifying patient, personal caregiver, or dispensary agent. The registration card verifies eitherthat a certifying physician has provided a written certification to the qualifying patient and thepatient has been registered with the Department: that a patient has designated the individual as apersonal caregiver; that a patient has been granted a hardship cultivation registration; or that adispensary agent has been registered with the Department and is authorized to work at a RMD.




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The registration card allows access into appropriate elements of a Department-supported,interoperable database in which detailed information regarding certifications and possessioncriteria are stored. The registration card identifies for the Department and law enforcementauthorities, those individuals who are exempt from Massachusetts criminal and civil penalties forthe medical use of marijuana in compliance with 105 CMR 725.000 and the Act.

Sixty-Day Supply means that amount of marijuana, or equivalent amount of marijuana in MIPs,that a registered qualifying patient would reasonably be expected to need over a period of 60calendar days for his or her personal medical use, which is ten ounces, subject to 105 CMR725.010(I).

Usable Marijuana means the fresh or dried leaves and flowers of the female marijuana plant andany mixture or preparation thereof, including MIPs, but does not include the seedlings, seeds,stalks, or roots of the plant.

Vegetation means the sporophytic state of the marijuanaplant, which is a form of asexual

reproduction in plants during which plants do not produce resin or flowers and are bulking up toa desired production size for flowering.

Verified financial hardship means that an individual is a recipient of MassHealth, orSupplemental Security Income, or the individuals income does not exceed 300% of the federalpoverty level, adjusted for family size.

Visitor means an individual, other than a personal caregiver, accompanying a patient who needsassistance obtaining access to a RMD.

Written Certification means a form submitted to the Department by a Massachusetts licensedcertifying physician, describing the qualifying patients pertinent symptoms, specifying thepatients debilitating medical condition, and stating that in the physicians professional opinionthe potential benefits of the medical use of marijuana would likely outweigh the health risks forthe patient.

725.005: Registration of Certifying Physicians

(A)A physician who wishes to issue a written certification for a qualifying patient shall haveat least one established place of practice in Massachusetts and shall hold:

(1)An active full license, with no prescribing restriction, to practice medicine inMassachusetts; and

(2)A Massachusetts Controlled Substances Registration from the Department.(B)To register as a certifying physician, a physician shall submit, in a form and manner

determined by the Department, the physicians:(1)Full name and business address;(2)License number issued by the Massachusetts Board of Registration in Medicine;(3)Massachusetts Controlled Substances Registration number; and(4)Any other information required by the Department.




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(C)Once registered by the Department, a certifying physician will retain indefinitely aregistration to certify a debilitating medical condition for a qualifying patient unless:

(1)The physicians license to practice medicine in Massachusetts is suspended,revoked, or restricted with regard to prescribing, or the physician has voluntarily

agreed not to practice medicine in Massachusetts;(2)The physicians Massachusetts Controlled Substances Registration is suspendedor revoked;

(3)The physician has fraudulently issued a written certification of a debilitatingmedical condition;

(4)The physician has certified a qualifying patient for a debilitating medicalcondition on or after July 1, 2014, without appropriate completion of continuingprofessional development credits pursuant to 105 CMR 725.010(A); or

(5)The physician surrenders his or her registration.(D)After registering, a certifying physician is responsible for notifying the Department, in a

form and manner determined by the Department, within five business days after anychanges to the physicians information.

725.010: Certifying Physicians Written Certification of a Debilitating Medical Condition for aQualifying Patient

(A)A certifying physician issuing a written certification on or after July 1, 2014, must havecompleted a minimum of 2.0 Category 1 continuing professional development credits asdefined in 243 CMR 2.06(6)(a)1. Such program must explain the proper use ofmarijuana, including side effects, dosage, and contraindications, including withpsychotropic drugs, as well as on substance abuse recognition, diagnosis, and treatmentrelated to marijuana.

(B)A certifying physician issuing a written certification shall comply with generallyaccepted standards of medical practice, including regulations of the Board ofRegistration in Medicine at 243 CMR 1.00, 2.00, and 3.00.

(C)A certifying physician may not delegate to any other health care professional or any otherperson, authority to diagnose a patient as having a debilitating medical condition.

(D)A certifying physician may issue a written certification only for a qualifying patient withwhom the physician has a bona fide physician-patient relationship.

(E)Before issuing a written certification, a certifying physician must utilize theMassachusetts Prescription Monitoring Program, unless otherwise specified by theDepartment, to review the qualifying patients prescription history.

(F)A patient who has had a diagnosis of a debilitating medical condition in the past but doesnot have an active condition, unless the symptoms related to such condition are mitigatedby marijuana for medical use, and is not undergoing treatment for such condition is not




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suffering from a debilitating medical condition for which the medical use of marijuana isauthorized.

(G)An initial written certification submitted before a clinical visit is prohibited. A renewalwritten certification may be submitted after a clinical visit or a telephonic consultation,

however a clinical visit must occur no less than once per year.

(H)A certification must indicate the time period for which the certification is valid, and shallnot be less than 15 calendar days or longer than one year.

(I) A certifying physician may determine and certify that a qualifying patient requires anamount of marijuana exceeding 10 ounces as a 60-day supply and shall document theamount and the rationale in the medical record and in the written certification. For thatqualifying patient, that amount of marijuana constitutes a 60-day supply.

(J) A qualifying patient who is under 18 years of age and has been diagnosed by twoMassachusetts licensed certifying physicians, at least one of whom is a board-certifiedpediatrician or a board-certified pediatric subspecialist, with a debilitating life-limitingillness, may receive a written certification, provided however that the physicians maycertify a qualifying patient who is under 18 years of age who has a debilitating medicalcondition that is not a life-limiting illness if those physicians determine that the benefitsof the medical use of marijuana outweigh the risks. This must include a discussion of thepotential negative impacts on neurological development with the parent or legal guardianof the qualifying patient, written consent of the parent or legal guardian, anddocumentation of the rationale in the medical record and the written certification.

(K)A certifying physician, and such physicians co-worker, employee, or immediate familymember, shall not:

(1) Have ever directly or indirectly accepted or solicited from, or offered to a RMD,a board member or executive of a RMD, any RMD personnel, or any other personassociated with a RMD, or a personal caregiver, anything of value;(2) Offer a discount or any other thing of value to a qualifying patient based on thepatients agreement or decision to use a particular personal caregiver or RMD;(3) Examine or counsel a patient, or issue a written certification, at a RMD;(4) Have a direct or indirect financial interest in a RMD; or(5) Directly or indirectly benefit from a patient obtaining a written certification,which shall not prohibit the physician from charging an appropriate fee for theclinical visit.

(L)A certifying physician shall not issue a written certification for himself or herself or forhis or her immediate family members.

(M)A certifying physician issuing a written certification for his or her employees or co-workers shall do so in accordance with 105 CMR 725.010, including conducting aclinical visit, completing and documenting a full assessment of the patients medical




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history and current medical condition, explaining the potential benefits and risks ofmarijuana use, and maintaining a role in the ongoing care and treatment of the patient.

(N)A written certification shall be issued in a form and manner determined by theDepartment.

725.015: Registration of Qualifying Patients

(A)To obtain a registration card, a qualifying patient shall submit, in a form and ma nnerdetermined by the Department, the following:

(1)The qualifying patients full name, date of birth, address, telephone number, andemail address if any, and a statement indicating his or her age and that his or herprimary residence is in Massachusetts:

(a) If the qualifying patient is under 18 years of age, an attestation from aparent or legal guardian granting permission for the child to register withthe Department; and

(b)If the qualifying patient is under 18 years of age, that qualifying patientmust have a designated personal caregiver, who shall be his or her parentor legal guardian.

(2)Written certification(s) for the qualifying patient from the qualifying patientscertifying physician(s);

(3)Full name, address, and telephone number of the qualifying patients certifyingphysician(s);

(4)Full name, date of birth, and address of the qualifying patients personalcaregiver(s), if any;

(5)A statement of whether the qualifying patient will be applying for a hardshipcultivation registration;

(6)A copy of the qualifying patients Massachusetts drivers license, government-issued identification card, or other verifiable identity document acceptable to theDepartment, except in the case of a qualifying patient under 18 years of age whodoes not have to comply with such requirement;

(7)A non-refundable registration fee. If the fee poses a verified financial hardship,the qualifying patient may request a waiver of the fee in a form and mannerdetermined by the Department;

(8)Written acknowledgement of the limitations on his or her authorization tocultivate, possess, and use marijuana for medical purposes in the Commonwealth;

(9)An attestation that the registered qualifying patient will not engage in thediversion of marijuana and that the patient understands that protections conferredby the Act for possession of marijuana for medical use are applicable only withinMassachusetts; and

(10) Any other information required by the Department.(B)A registration card will be valid for one year from the date of issue, and may be renewed,

in a form and manner determined by the Department, by meeting the requirements in 105CMR 725.015(A).




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(C)A qualifying patient who received written certification from a physician prior to theeffective date of 105 CMR 725.000, or prior to the Department accepting applications forqualifying patient registrations, and who used that written certification as his or herqualifying patient registration card, must apply for a registration card according to theprocedures set out in 105 CMR 725.015 no later than January 1, 2014, unless otherwise

specified by the Department; however the initial certification will remain valid until theapplication for the registration card is approved or denied by the Department.

(D)After obtaining a registration card, a qualifying patient is responsible for notifying theDepartment, in a form and manner determined by the Department, within five businessdays after any change to the information that he or she was previously required to submitto the Department, or after he or she discovers that his or her registration card has beenlost or stolen.

(E)A registered qualifying patient must carry his or her registration card at all times while inpossession of marijuana.

725.020: Registration of Personal Caregivers

(A)To obtain a registration card for a personal caregiver, a qualifying patient shall submit, ina form and manner determined by the Department, the following:

(1)The personal caregivers full name, date of birth, address, telephone number, andemail address if any, and a statement that the individual is at least 21 years of age;

(2)Full name, date of birth, and address of the qualifying patient for whom thepersonal caregiver will be providing assistance with the use of marijuana formedical purposes;

(3)A copy of the personal caregivers drivers license, government-issuedidentification card, or other verifiable identity document acceptable to theDepartment;

(4)A statement of whether the caregiver will be cultivating marijuana for the patient,and at what address, if the patient is granted a hardship cultivation registration;

(5)Written acknowledgement by the personal caregiver of the limitations on his orher authorization to cultivate, possess, and dispense to his or her registeredqualifying patient, marijuana for medical purposes in the Commonwealth;

(6)An attestation by the personal caregiver that he or she will not engage in thediversion of marijuana and that he or she understands that protections conferredby the Act for possession of marijuana for medical use are applicable only withinMassachusetts; and

(7)Any other information required by the Department.(B)An individual must be granted a registration card by the Department prior to serving as a

personal caregiver for any registered qualifying patient.

(C)With respect to a personal caregiver who was registered with the Department prior to theeffective date of 105 CMR 725.000, or prior to the Department accepting qualifyingpatient and personal caregiver registrations, his or her registered qualifying patient must




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apply for a registration card according to the procedures set out in 105 CMR 725.020(A)no later than January 1, 2014, unless otherwise specified by the Department; however theinitial certification will remain valid until the application for the registration card isapproved or denied by the Department.

(D)Except in the case of an employee of a hospice provider, nursing facility, or medicalfacility providing care to a qualifying patient admitted to or residing at that facility, or avisiting nurse, home health aide, personal care attendant, or immediate family member ofmore than one registered qualifying patient, an individual may not serve as a personalcaregiver for more than one registered qualifying patient at one time.

(E)A registered qualifying patient may designate up to two personal caregivers. If theregistered qualifying patient has been granted a hardship cultivation registration, thepersonal caregiver(s) may cultivate marijuana on behalf of the registered qualifyingpatient at only one location. Cultivation pursuant to a hardship cultivation registration bya personal caregiver constitutes consent for such inspection of the cultivation site.

(F)A registered qualifying patient may add a second caregiver or change personalcaregiver(s) by providing notification in a form and manner determined by theDepartment, and providing the information required in 105 CMR 725.020(A) forregistration of personal caregivers.

(G)A personal caregiver may not receive payment or other compensation for servicesrendered as a personal caregiver other than reimbursement for reasonable expensesincurred in the provision of services as a caregiver, provided however that a caregiverstime is not considered a reasonable expense. In the case of an employee of a hospiceprovider, nursing facility, or medical facility, or a visiting nurse, personal care attendant,or home health aide serving as a personal caregiver, such person may not receivepayment or compensation above and beyond his or her regular wages.

(H)A registration card will be valid for one year from the date of issue, and may be renewed,in a form and manner determined by the Department, by meeting the requirements in 105CMR 725.020(A).

(I) After obtaining a registration card, the personal caregiver is responsible for notifying theDepartment, in a form and manner determined by the Department, within five businessdays after any change to the information that his or her registered qualifying patient waspreviously required to submit to the Department, or after the personal caregiver discoversthat his or her registration card has been lost or stolen.

(J) A personal caregiver must carry his or her registration card at all times while inpossession of marijuana.

725.025: Responsibilities of Personal Caregivers

(A)A personal caregiver may:11

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(1)Transport a registered qualifying patient to and from a RMD;(2)Obtain and transport marijuana from a RMD on behalf of a registered qualifying

patient;(3)Cultivate marijuana on behalf of a registered qualifying patient who has obtained

a hardship cultivation registration;

(4)Prepare marijuana for consumption by a registered qualifying patient; and(5)Administer marijuana to a registered qualifying patient.

(B)A personal caregiver may not:(1)Consume, by any means, marijuana that has been dispensed to or cultivated on

behalf of a registered qualifying patient;(2)Sell, provide, or otherwise divert marijuana that has been dispensed to or

cultivated on behalf of a registered qualifying patient;(3)Cultivate marijuana for the personal caregivers own use, unless the personal

caregiver is also a registered qualifying patient who has obtained a hardshipcultivation registration;

(4)Cultivate marijuana for purposes of selling or providing marijuana to anyoneother than the registered qualifying patient; or

(5)Allow a registered qualifying patient who is under 18 years of age to possessmarijuana at any time when not in the presence of the personal caregiver.

(C)An employee of a hospice provider, nursing facility, or medical facility serving as apersonal caregiver for a registered qualifying patient admitted to or residing at thatfacility, or a visiting nurse, home health aide, or personal care attendant, may notcultivate marijuana for that patient.

(D)Upon the death of a personal caregivers registered qualifying patient, the personalcaregiver must notify the Department within five calendar days.

725.030: Registration of Dispensary Agents

(A)A RMD shall apply for dispensary agent registration for all board members, directors,employees, executives, managers, and volunteers who are associated with that RMD. Allsuch individuals must:

(1)Be at least 21 years old; and(2)Have not been convicted of a felony drug offense in the Commonwealth, or a like

violation of the laws of another state, the United States or a military, territorial, orIndian tribal authority.

(B)An application for registration of a dispensary agent, in a form and manner determinedby the Department, shall include:

(1)The full name, date of birth, and address of the individual;(2)Written acknowledgement by the individual of the limitations on his or her

authorization to cultivate, harvest, prepare, package, possess, transport, anddispense marijuana for medical purposes in the Commonwealth;




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(3)A copy of the dispensary agents drivers license, government-issuedidentification card, or other verifiable identity document acceptable to theDepartment;

(4)An attestation that the individual will not engage in the diversion of marijuana;(5)A non-refundable application fee; and(6)

Any other information required by the Department.

(C)A RMD executive registered with the Department of Criminal Justice InformationSystems pursuant to 105 CMR 725.100(A)(7) must submit to the Department a CriminalOffender Record Information (CORI) report for each individual for whom the RMDseeks a dispensary agent registration, obtained within 30 calendar days prior tosubmission.

(D)A RMD must notify the Department no more than one business day after a dispensaryagent ceases to be associated with the RMD. The dispensary agents registration shall beimmediately void when he or she is no longer associated with the RMD.

(E)A registration card will be valid for one year from the date of issue, and may be renewed,in a form and manner determined by the Department, on an annual basis by meeting therequirements in 105 CMR 725.030 (A)-(C).

(F)After obtaining a registration card for a dispensary agent, a RMD is responsible fornotifying the Department, in a form and manner determined by the Department, as soonas possible, but in any event, within five business days after any changes to theinformation that the RMD was previously required to submit to the Department, or afterdiscovery that a registration card has been lost or stolen.

(G)A dispensary agent must carry his or her registration card at all times while in possessionof marijuana, including at all times while at a RMD or while transporting marijuana.

(H)A dispensary agent affiliated with multiple RMDs must be registered as a dispensaryagent by each RMD.

725.035: Hardship Cultivation Registration

(A)A qualifying patient registered with the Department pursuant 105 CMR 725.015 mayapply for a hardship cultivation registration if such patient can demonstrate that his or heraccess to a RMD is limited by:

(1)Verified financial hardship; or(2)Physical incapacity to access reasonable transportation, as demonstrated by an

inability to use public transportation or drive oneself, lack of a personalcaregiver with a reliable source of transportation, and lack of a RMD that willdeliver marijuana to the patients or personal caregivers primary address; or

(3)Lack of a RMD within a reasonable distance of the patients residence and lackof a RMD that will deliver marijuana to the patients or personal caregiversprimary address.




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(B)To obtain a hardship cultivation registration, a registered qualifying patient shall, in aform and manner determined by the Department, submit the following:

(1)A non-refundable registration fee, unless waived pursuant to 105 CMR725.015(A)(7);

(2)Information supporting a claim that access is limited due to one or more of thecircumstances listed in 105 CMR 725.035(A);

(3)An explanation including lack of feasible alternatives to mitigate the limitationclaimed under 105 CMR 725.035(A);

(4)A description and address of the single location that shall be used for thecultivation of marijuana, which shall be either the registered qualifying patientsor one personal caregivers primary residence;

(5)A written explanation of how the qualifying patient will cultivate marijuana inaccordance with the requirements of 105 CMR 725.035;

(6)A description of the device or system that will be used to ensure security andprevent diversion of the marijuana plants being cultivated;

(7)Written acknowledgement of the limitations on his or her authorization tocultivate, possess, and use marijuana for medical purposes in theCommonwealth; and

(8)Any other information required by the Department.(C)The Department shall review and approve or deny an application for a hardship

cultivation registration within 30 calendar days of receipt of a completed application.

(D)A registered qualifying patient with a hardship cultivation registration, or his or herpersonal caregiver(s), may cultivate only at the location specified in the applicationapproved by the Department.

(E)At any given location, cultivation may occur pursuant to only one hardship cultivationregistration, absent proof that more than one registered qualifying patient resides at thelocation.

(F)A hardship cultivation registration will be valid for one year from the date of issue, andmay be renewed, in a form and manner determined by the Department, on an annual basisby meeting the requirements in 105 CMR 725.035(B).

(G)A hardship cultivation registration shall allow the registered qualifying patient or his orher personal caregiver(s) to cultivate a limited number of plants sufficient to maintain a60-day supply of marijuana solely for that patients use, or as further specified by theDepartment.

(H)Cultivation and storage of marijuana shall be in an enclosed, locked area accessible onlyto the registered qualifying patient or his or her personal caregiver(s), subject to 105CMR 725.650. Marijuana shall not be visible from the street or other public areas.




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(I) A registered qualifying patient or his or her personal caregiver(s) cultivating marijuanapursuant to a hardship cultivation registration shall adhere to industry best practices in thecultivation of marijuana plants and storage of finished product, and any standardsspecified by the Department.

(J)A registered qualifying patient and his or her personal caregiver(s) is prohibited fromselling, bartering, giving away or distributing in any manner marijuana or paraphernalia.

(K)The Department may inspect the cultivation site of a registered qualifying patient with ahardship cultivation registration, or the cultivation site of his or her personal caregiver(s),at any time. Acceptance of a hardship cultivation registration by a registered qualifyingpatient constitutes consent for such inspection of the cultivation site.

(L)A registered qualifying patient who received written certification of a debilitatingmedical condition from a physician prior to enactment of 105 CMR 725.000, or prior tothe Department accepting applications for hardship cultivation registration, and who used

that written certification as a limited cultivation registration, must apply for a hardshipcultivation registration according to the procedures set out in 105 CMR 725.035(B) nolater than January 1, 2014, if he or she intends to continue to cultivate marijuana;however the initial limited cultivation registration will remain valid until the applicationfor the hardship cultivation registration card is approved or denied by the Department.

(M) After obtaining a hardship cultivation registration, a registered qualifying patient isresponsible for notifying the Department, in a form and manner determined by theDepartment, within five business days after any change to the information that he or sheor his or her personal caregiver(s) was previously required to submit to the Department.

(N) A registered qualifying patient with a hardship cultivation registration, or his or herpersonal caregiver(s) if applicable, must have the registration available at the site ofcultivation. Such registration must be made available upon request of the Department orother government agency acting within their lawful authority.

(O) A registered qualifying patient with a hardship cultivation registration, or his or herpersonal caregiver(s) if applicable, is prohibited from purchasing marijuana from a RMD,provided however that such individuals may purchase seeds.

725.100: Registration of Registered Marijuana Dispensaries

(A) General Requirements(1) A RMD is required to incorporate pursuant to M.G.L. c. 180 and to maintain the

corporation in good standing with the Secretary of the Commonwealth. A RMD mustoperate on a non-profit basis for the benefit of registered qualifying patients. Suchcorporation must ensure that revenue of the RMD is used solely in furtherance of its non-profit purpose.




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(2) No executive, member, or any entity owned or controlled by such executive or member,may directly or indirectly control more than three RMDs.

(3) A RMD must make vaporizers available for sale to registered qualifying patients.

(4) A RMD may not have more than two locations in Massachusetts at which marijuana iscultivated, MIPs are prepared, and marijuana is dispensed. Each of these activities mayoccur at only one such location, which may be either the RMDs principal place ofbusiness or one Department-approved alternate location in Massachusetts, but not both.

(5) All dispensary agents of the RMD must be registered pursuant to 105 CMR 725.030.

(6) A RMD must have a program to provide reduced cost or free marijuana to patients withdocumented verified financial hardship.

(7) At least one executive of a non-profit corporation seeking registration as a RMD must

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