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Massachusetts regulators are considering a new proposal that would permit patients from other states to participate in the state’s medical cannabis program. If adopted, the proposal would eliminate the state’s residency requirement for medical cannabis patients, making it easier for patients from other states to obtain their medicine of choice while in Massachusetts.
“Simply put, it is a really effective way and a thoughtful way for us to give medical patients across the country more access to treatment for any of the reasons that they're using marijuana for medicinal purposes,” Massachusetts Cannabis Control Commissioner Xiomara DeLobato told the News Service.
The commission introduced the proposed new regulations at its meeting on Oct. 22. Under the proposal, an adult aged 18 and older from any state who is diagnosed with a “debilitating medical condition” by a certified healthcare professional in Massachusetts can register as a medical cannabis patient. Patients under age 18 who have been diagnosed with a debilitating condition that is also considered a “life-limiting illness” and certified by two healthcare providers are also eligible to register as medical cannabis patients.
Although all adults age 21 and older can purchase adult-use cannabis in Massachusetts, registered medical cannabis patients enjoy several benefits that recreational customers do not qualify for. Medical cannabis products are not taxed, while a 6.25% state sales tax and a 10.75% excise tax are levied on adult-use products, with an added local option tax of up to 3% assessed by municipalities that license dispensaries.
Registered patients may also possess a 60-day supply of cannabis (up to 10 ounces), while recreational customers are limited to possessing 2 ounces, although up to 10 ounces can be kept in a secure location at home. Additionally, registered patients in Massachusetts can designate a caregiver to purchase and transport cannabis for them.
Cannabis Advocates Back Proposal
Jeremiah MacKinnon, president and executive director of the Massachusetts Patient Advocacy Alliance, said the proposed regulations mark “a step in the right direction to modernize our medical program.”
“We have such a robust healthcare system here in Massachusetts that people travel from other states to get surgeries, and whether it’s tourism or visiting family or other situations, if an individual wants to seek continuity of their care, accessing medical marijuana, this is a great pathway because it allows them to continue to access medical marijuana tax-free,” said MacKinnon.
The advocate also noted that the proposal would likely direct more revenue to the state’s medical cannabis industry. According to CCC data, year-to-date medical marijuana sales to patients and caregivers have fallen from $17.9 million in September 2023 to $11.2 million last month.
“For the past few years, the medical marijuana market has been struggling, and so to expand the pool of patients that are able to access medical marijuana in the state, I think is a positive thing for the health and long-term stability of the industry,” MacKinnon said.
Ryan Dominguez, executive director of the Massachusetts Cannabis Coalition, noted that voters will decide next week on Question 8, a ballot measure that would roll back the legalization of regulated recreational cannabis sales. If the initiative passes, the new proposed medical regulations would give out-of-state patients an option for purchasing medical cannabis while in Massachusetts.
The commission has scheduled an initial vote on the proposed regulations for Dec. 10. The commission will take public comments on the proposal from Jan. 1 to Feb. 2 before making any potential changes and taking a final vote.
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The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
