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Questions And Answers Regarding Medical Marijuana In Massachusetts

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massachusetts cannabisMassachusetts has put out a new document outlining the frequently asked questions, and answers, about medical marijuana in Massachusetts. A special thanks to Shaleen Title for bringing it to everyone’s attention!

FAQ Regarding Medical Marijuana in Massachusetts

In November 2012, Massachusetts voters approved a ballot question which allows qualifying patients with certain medical conditions to obtain and use medical marijuana. While the ballot question makes medical marijuana legal in the state, the Massachusetts Department of Public Health must consider several important issues to ensure safe and responsible use.

To that end, DPH has been meeting internally to begin the process of developing these regulations. DPH is partnering with a wide range of stakeholders in public safety, patient advocacy groups, the medical community, and municipal governments and will learn from other states’ experiences to put a system in place that is right for Massachusetts.

The following are a series of frequently asked questions about the current status and planned timeline for the implementation of regulations required by the new law:

What happens on January 1, 2013?

The medical marijuana law takes effect on January 1, 2013. At that point, the Department will have 120 days (until May 1, 2013) to issue regulations. Until regulations are in place, medical marijuana dispensaries cannot open, and DPH cannot issue any registration cards. DPH’s regulations will reflect input from various stakeholders, and the Department will hold a hearing and comment period to allow for further public input before the regulations are finalized.

Are qualifying patients eligible for medical marijuana under the new law starting January 1 while DPH is drafting its regulations?

During the time DPH is crafting its regulations, the ballot measure allows the written recommendation of a qualifying patient’s physician to act as a medical marijuana registration card. Similarly, the law allows a qualifying patient to cultivate their own limited supply of marijuana during this period. Under the law, until DPH issues its regulations, it is not involved in regulating any medical marijuana recommendations between physicians and patients, or in defining the limited cultivation registration.

How do I qualify as a patient?

The patient must obtain a written certification from a physician for a debilitating medical condition. The law specifies: cancer, glaucoma, 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. The law allows qualified patients to possess up to a 60-day supply of marijuana for their personal medical use. The law directs DPH to define a 60-day supply through regulation.

What must DPH decide before dispensaries can be registered and registration cards can be issued?

Beginning on January 1, DPH will have 120 days to issue regulations governing numerous sections of the law. Some of the provisions include: setting application fees for non-profit medical marijuana treatment centers to fully cover the cost to the state; defining the quantity of marijuana that constitutes a 60-day supply; setting rules for cultivation and storage of marijuana, which will be allowed only in enclosed, locked facilities; creating registration cards for qualified patients; and defining rules around registration cards, personal caregivers, employees of medical marijuana treatment centers and individuals who qualify for a hardship cultivation registration.

I want to operate a medical marijuana dispensary. Can I apply for registration while regulations are being written?

No, because the regulations will specify what information and fee must be submitted for an application to be considered. In the first year, the law allows DPH to register up to 35 non-profit treatment centers across the state, with at least one but no more than five centers per county. The non-profit treatment centers would be registered under the law to grow, process and provide marijuana to qualified patients.

Will Massachusetts give guidance to health care providers on the medical marijuana law?

The Board of Registration in Medicine is collaborating with DPH to determine how to ensure that physicians understand the law and its provisions. The Board welcomes the recommendations of the Massachusetts Medical Society and other interested stakeholders, and will collaborate with DPH to successfully implement the law and promote patient safety.

Will health insurers or governments be required to cover medical marijuana?

No. Nothing in the 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.

Source: Mass.Gov

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  5. Here follows an extract from “Notes on Democracy” by Henry Louis Mencken, written in 1926, during alcohol prohibition (1919-1933):

    The Prohibitionists, when they foisted their brummagem cure-all upon the country under cover of the war hysteria, gave out that their advocacy of it was based upon a Christian yearning to abate drunkenness, and so abolish crime, poverty and disease. They preached a [crime, poverty and disease free] millennium, and no doubt convinced hundreds of thousands of naive and sentimental persons, not themselves Puritans, nor even democrats.

    That millennium, as everyone knows, has failed to come in. Not only are crime, poverty and disease undiminished, but drunkenness itself, if the police statistics are to be believed, has greatly increased. The land rocks with the scandal. Prohibition has made the use of alcohol devilish and even fashionable, and so vastly augmented the number of users. The young of both sexes, mainly innocent of the cup under license, now take to it almost unanimously.

    In brief, Prohibition has not only failed to work the benefits that its proponents promised in 1917; it has brought in so many new evils that even the mob has turned against it. But do the Prohibitionists admit the fact frankly, and repudiate their original nonsense? They do not. On the contrary, they keep on demanding more and worse enforcement statutes — that is to say, more and worse devices for harassing and persecuting their opponents.

    The more obvious the failure becomes, the more shamelessly they exhibit their genuine motives. In plain words, what moves them is the psychological aberration called sadism. They lust to inflict inconvenience, discomfort, and, whenever possible, disgrace upon the persons they hate — which is to say, upon everyone who is free from their barbarous theological superstitions, and is having a better time in the world than they are.

    They cannot stop the use of alcohol, nor even appreciably diminish it, but they can badger and annoy everyone who seeks to use it decently, and they can fill the jails with men taken for purely artificial offences, and they can get satisfaction thereby for the Puritan yearning to browbeat and injure, to torture and terrorize, to punish and humiliate all who show any sign of being happy. And all this they can do with a safe line of policemen and judges in front of them; always they can do it without personal risk.

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