MEDICAL USE OF MARIJUANA

M.G.L. pt. Part I, tit. Title XV, ch. c. 94I

in effect

M.G.L. c. 94I, § 1 Definitions

c. 94I, § 1. Definitions Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Bona fide healthcare professional-patient relationship'', a relationship between a registered healthcare professional, acting in the usual course of his or her professional practice, and a patient in which the healthcare professional 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 medical use of marijuana, and has a role in the ongoing care and treatment of the patient. [ Definition of "Card holder'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Card holder'', a registered qualifying patient, personal caregiver or agent of a medical marijuana treatment center who has been issued and possesses a valid registration card. [ Definition of "Card holder'' as amended by 2026, 65, Sec. 38 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Card holder'', a registered qualifying patient, personal caregiver or agent of a medical marijuana establishment who has been issued and possesses a valid registration card. [ Definition of "Commission'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Commission'', the Massachusetts cannabis control commission established pursuant to section 76 of chapter 10. [ Definition of "Commission'' as amended by 2026, 65, Sec. 39 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Commission'', the Massachusetts cannabis control commission established pursuant to section 223 of chapter 6. [ Definition of "Cultivation registration'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Cultivation registration'', a registration issued to a medical marijuana treatment center to grow medical use marijuana under the terms of this chapter, or to a qualified patient or personal caregiver. [ Definition of "Cultivation registration'' as amended by 2026, 65, Sec. 40 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Cultivation registration'', a registration issued to a medical marijuana establishment to grow medical use marijuana under the terms of this chapter, or to a qualified patient or personal caregiver. "Debilitating medical condition'', cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Parkinson's disease, multiple sclerosis and other conditions as determined in writing by a registered qualifying patient's registered healthcare professional. "Electronic certification'', a document signed or executed electronically by a registered healthcare professional, stating that in the healthcare professional'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 healthcare professional-patient relationship and shall specify the qualifying patient's debilitating medical condition. Electronic certifications, upon submission by a healthcare professional to the commission, shall automatically generate a temporary registration. [ Definition of "Fully integrated medical marijuana treatment center'' inserted by 2026, 65, Sec. 41 effective April 19, 2026.] "Fully integrated medical marijuana treatment center'', an entity licensed by the commission with the ability to cultivate, manufacture, process and sell medical use marijuana to qualifying patients, personal caregivers and medical marijuana establishments. "Healthcare professional'', a duly Massachusetts licensed physician, physician assistant or certified nurse practitioner authorized by the commission to issue written certifications. [ Definition of "Locked area'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Locked area'', a closet, room, greenhouse or other indoor or outdoor area equipped with locks or other security devices, accessible only to registered and authorized medical marijuana treatment center employees, registered qualifying patients or registered personal caregivers. [ Definition of "Locked area'' as amended by 2026, 65, Sec. 42 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Locked area'', a closet, room, greenhouse or other indoor or outdoor area equipped with locks or other security devices, accessible only to registered and authorized medical marijuana establishment employees, registered qualifying patients or registered personal caregivers. [ Definition of "Marijuana'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Marijuana'', all parts of any plant of the genus cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every marijuana product, compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C; provided, however, that "marijuana'' shall not include: (i) the mature stalks 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, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (ii) hemp; or (iii) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. [ Definition of "Marijuana'' as amended by 2026, 65, Sec. 43 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Marijuana'', as defined in section 1 of chapter 94G. [ Definition of "Medical marijuana establishment'' inserted by 2026, 65, Sec. 43 effective April 19, 2026.] "Medical marijuana establishment'', a fully integrated medical marijuana treatment center or any other type of licensed medical use of marijuana-related business. [ Definitions of "Medical marijuana treatment center'', effective until April 19, 2026. Deleted by 2026, 65, Sec. 43.] "Medical marijuana treatment center'', the premises approved under a medical use marijuana license. [ Definition of "Medical use marijuana'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Medical use marijuana'', marijuana or marijuana accessories sold by a medical marijuana treatment center to a card holder for medical use or marijuana or marijuana accessories possessed by a qualifying patient under a cultivation registration. [ Definition of "Medical use marijuana'' as amended by 2026, 65, Sec. 43 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Medical use marijuana'', marijuana or marijuana accessories sold by a medical marijuana establishment to a card holder for medical use, or marijuana or marijuana accessories possessed by a qualifying patient under a cultivation registration. [ Definitions of "Medical use marijuana license'' and "Medical use marijuana licensee'' effective until April 19, 2026. Deleted by 2026, 65, Sec. 43.] "Medical use marijuana license'', a license issued by the commission that permits the licensee to operate a medical marijuana treatment center. "Medical use marijuana licensee'', a person or entity who holds a medical use marijuana license under this chapter. "Medical use of marijuana'', the acquisition, cultivation, possession, processing, including development of related products such as food, tinctures, aerosols, oils or ointments, transfer, transportation, sale, distribution, dispensing or administration of marijuana for the benefit of registered qualifying patients in the treatment of debilitating medical conditions or the symptoms thereof. "Personal caregiver'', a person who is at least 21 years old who has registered with the commission and agreed to assist with a qualifying patient's medical use of marijuana, and is not the registered qualifying patient's certifying healthcare provider. Personal caregivers are prohibited from consuming medical use marijuana obtained for the personal, medical use of the registered qualifying patient. An employee of a hospice provider, nursing or medical facility providing care to a qualifying patient may also serve as a personal caregiver. "Qualifying patient'', a person who has been diagnosed by a registered healthcare professional as having a debilitating medical condition. [ Definition of ''Registration card'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Registration card'', a personal identification card issued by the commission to a registered qualifying patient, personal caregiver, laboratory agent or agent of a medical marijuana treatment center. The registration card facilitates verification of an individual registrant's status, including, but not limited to, verification that a registered healthcare professional has provided a written certification to the qualifying patient; that the patient has designated the individual as a personal caregiver; that a laboratory agent has been registered with the commission and is authorized to possess and test marijuana; or that an agent has been registered with the commission and is authorized to work at a medical marijuana treatment center. A temporary registration issued to a qualifying patient shall be deemed a registration card. The registration card shall facilitate identification for the commission and law enforcement of those individuals who are exempt from criminal and civil penalties for conduct pursuant to the medical use of marijuana. [ Definition of ''Registration card'' as amended by 2026, 65, Sec. 44 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Registration card'', a personal identification card issued by the commission to a registered qualifying patient, personal caregiver, laboratory agent or agent of a medical marijuana establishment. The registration card shall facilitate verification of an individual registrant's status, including, but not limited to, verification that: (i) a registered healthcare professional has provided a written or electronic certification to the qualifying patient; (ii) the patient has designated the individual as a personal caregiver; (iii) a laboratory agent has been registered with the commission and is authorized to possess and test marijuana; or (iv) an agent has been registered with the commission and is authorized to work at a medical marijuana establishment. A temporary registration issued to a qualifying patient shall be deemed a registration card. The registration card shall facilitate identification for the commission and law enforcement of those individuals who are exempt from criminal and civil penalties for conduct pursuant to the medical use of marijuana. "Sixty-day supply'', that amount of medical use marijuana that a registered qualifying patient would reasonably be expected to need over a period of 60 calendar days for the qualifying patient's personal medical use, up to 10 ounces of marijuana or as otherwise defined by the commission. [ Definition of ''Temporary Registration'' effective until April 19, 2026. For text effective April 19, 2026, see below.] "Temporary Registration'', an interim registration document for patients and their personal caregivers generated automatically upon the commission's receipt of a healthcare professional's electronic certification. The temporary registration document shall constitute a registration card for patients and their personal caregivers to access medical marijuana treatment center. Temporary registration shall expire 14 days after the commission issues the registration card. [ Definition of ''Temporary registration'' as amended by 2026, 65, Sec. 45 effective April 19, 2026. For text effective until April 19, 2026, see above.] "Temporary registration'', an interim registration document for patients and their personal caregivers generated automatically upon the commission's receipt of a healthcare professional's electronic certification. The temporary registration document shall constitute a registration card for patients and their personal caregivers to access a medical marijuana establishment. Temporary registration shall expire 14 days after the commission issues the registration card. "Written certification'', a document signed by a registered healthcare professional, stating that in the professional opinion of the healthcare professional, 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 healthcare professional-patient relationship and shall specify the qualifying patient's debilitating medical condition.

M.G.L. c. 94I, § 2 Medical use of marijuana program; immunity from penalty, arrest or prosecution; cultivation registrations; lists of registered qualifying patients

c. 94I, § 2. Medical use of marijuana program; immunity from penalty, arrest or prosecution; cultivation registrations; lists of registered qualifying patients [ Subsection (a) effective until April 19, 2026. For text effective April 19, 2026, see below.] Section 2. (a) The commission shall operate a medical use of marijuana program, which shall permit a qualifying patient with a debilitating medical condition to obtain a written or electronic certification from a healthcare professional with whom the patient has a bona fide healthcare professional-patient relationship to purchase medical use marijuana from a medical marijuana treatment center. Upon issuance of a written certification from a healthcare professional, the commission shall issue a registration card to the qualifying patient. A medical marijuana treatment center may sell medical use marijuana to a card holder. [ Subsection (a) as amended by 2026, 65, Sec. 46 effective April 19, 2026. For text effective until April 19, 2026, see above.] (a) The commission shall operate a medical use of marijuana program, which shall permit a qualifying patient with a debilitating medical condition to obtain a written or electronic certification from a healthcare professional with whom the patient has a bona fide healthcare professional-patient relationship to purchase medical use marijuana from a medical marijuana establishment. Upon issuance of a written certification from a healthcare professional, the commission shall issue a registration card to the qualifying patient. A medical marijuana establishment licensed and authorized by the commission to deliver, sell or otherwise transfer medical use marijuana to consumers may sell medical use marijuana to a card holder. (b) (1) A healthcare professional shall not be penalized, in any manner, or denied any right or privilege, for: (i) advising a qualifying patient about the risks and benefits of the medical use of marijuana within a bona fide healthcare professional-patient relationship; or (ii) providing a qualifying patient with written or electronic certification, based upon a full assessment of the qualifying patient's medical history and condition, including a debilitating medical condition, that the medical use of marijuana may benefit a particular qualifying patient, within a bona fide healthcare professional-patient relationship. (2) A qualifying patient or a personal caregiver shall not be subject to arrest or prosecution, or civil penalty, for medical use marijuana. (3) No person shall be arrested or prosecuted for any criminal offense solely for being in the presence of medical use marijuana or its use as authorized by this chapter. (4) The lawful possession, cultivation, transfer, transport, distribution or manufacture of medical use marijuana as authorized by this section shall not result in the forfeiture or seizure of any property. [ Subsection (c) effective until April 19, 2026. For text effective April 19, 2026, see below.] (c) A medical marijuana treatment center and its employees registered with the commission shall not be penalized or arrested for acquiring, possessing, cultivating, processing, transferring, transporting, selling, distributing or dispensing medical use marijuana and related supplies and educational materials to qualifying patients or their personal caregivers. [ Subsection (c) as amended by 2026, 65, Sec. 47 effective April 19, 2026. For text effective until April 19, 2026, see above.] (c) A medical marijuana establishment and its employees registered with the commission shall not be penalized or arrested for acquiring, possessing, cultivating, processing, transferring, transporting, selling, distributing or dispensing medical use marijuana and related supplies and educational materials to qualifying patients or their personal caregivers. [ Subsection (d) effective until April 19, 2026. For text effective April 19, 2026, see below.] (d) The commission shall issue a cultivation registration to a qualifying patient applying for such registration whose access to a medical marijuana treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation or the lack of a medical marijuana treatment center within a reasonable distance of the qualifying patient's residence. The commission may deny a registration based on the provision of false information by the applicant. Such registration shall allow the qualifying patient or the qualifying patient's personal caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuana, and shall require cultivation and storage only in an enclosed, locked area. [ Subsection (d) as amended by 2026, 65, Sec. 47 effective April 19, 2026. For text effective until April 19, 2026, see above.] (d) The commission shall issue a cultivation registration to a qualifying patient applying for such registration whose access to a medical marijuana establishment is limited by verified financial hardship, a physical incapacity to access reasonable transportation or the lack of a medical marijuana establishment within a reasonable distance of the qualifying patient's residence. The commission may deny a registration based on the provision of false information by the applicant. Such registration shall allow the qualifying patient or the qualifying patient's personal caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuana, and shall require cultivation and storage only in an enclosed, locked area. (e) The commission shall maintain a confidential list of registered qualifying patients issued medical use marijuana registration cards. Individual names and other identifying information on the list shall be exempt from section 10 of chapter 66, and not subject to disclosure, except to employees of the commission in the course of their official duties and to law enforcement officials of the commonwealth when verifying a card holder's registration.

M.G.L. c. 94I, § 3 Maintenance of database; confidentiality of records and communications

c. 94I, § 3. Maintenance of database; confidentiality of records and communications [ Subsection (a) effective until April 19, 2026. For text effective April 19, 2026, see below.] Section 3. (a) The commission shall maintain a confidential, interoperable database including, but not limited to: (i) the qualifying patients issued a registration card for medical use of marijuana; (ii) the healthcare professionals registered to issue written certifications; (iii) the name of any medical marijuana treatment center; (iv) the quantity of medical use marijuana dispensed to a card holder; and (v) any other pertinent information. Individual names and other identifying information shall be exempt from section 10 of chapter 66, and not subject to disclosure, except to employees of the commission in the course of their official duties, medical marijuana treatment centers to facilitate dispensing of medical use marijuana and to state or local law enforcement officials for the purposes of conducting an investigation pursuant this chapter. [ Subsection (a) as amended by 2026, 65, Secs. 48 and 49 effective April 19, 2026. For text effective until April 19, 2026, see above.] (a) The commission shall maintain a confidential, interoperable database including, but not limited to: (i) the qualifying patients issued a registration card for medical use of marijuana; (ii) the healthcare professionals registered to issue written certifications; (iii) the name of any medical marijuana establishment; (iv) the quantity of medical use marijuana dispensed to a card holder; and (v) any other pertinent information. Individual names and other identifying information shall be exempt from section 10 of chapter 66, and not subject to disclosure, except to employees of the commission in the course of their official duties, medical marijuana establishments to facilitate dispensing of medical use marijuana and to state or local law enforcement officials for the purposes of conducting an investigation pursuant this chapter. [ Subsection (b) effective until April 19, 2026. For text effective April 19, 2026, see below.] (b) Every registered qualifying patient shall have the right to confidentiality of all records and communications related to their care provided by a medical use marijuana licensee or establishment or by a registered healthcare professional to the extent provided by law. Such records shall not be deemed public records as defined by clause Twenty-sixth of section 7 of chapter 4. No provision of this subsection relating to confidentiality of records shall be construed to prevent access to any such records by the commission or its agents, a healthcare professional who has a bona fide healthcare professional-patient relationship with the patient, a medical marijuana treatment center or any state or local law enforcement official for the purposes of conducting an investigation pursuant this chapter. [ Subsection (b) as amended by 2026, 65, Secs. 48 and 50 effective April 19, 2026. For text effective until April 19, 2026, see above.] (b) Every registered qualifying patient shall have the right to confidentiality of all records and communications related to their care provided by a medical marijuana establishment or by a registered healthcare professional to the extent provided by law. Such records shall not be deemed public records as defined by clause Twenty-sixth of section 7 of chapter 4. No provision of this subsection relating to confidentiality of records shall be construed to prevent access to any such records by the commission or its agents, a healthcare professional who has a bona fide healthcare professional-patient relationship with the patient, a medical marijuana establishment or any state or local law enforcement official for the purposes of conducting an investigation pursuant this chapter.

M.G.L. c. 94I, § 4 Registration of healthcare professionals that issue certifications for medical use of marijuana

c. 94I, § 4. Registration of healthcare professionals that issue certifications for medical use of marijuana Section 4. Any healthcare professional that issues a written certification for the medical use of marijuana shall register with the commission pursuant to regulations promulgated by the commission.

M.G.L. c. 94I, § 5 Registration of qualifying patients receiving certifications for medical use marijuana

c. 94I, § 5. Registration of qualifying patients receiving certifications for medical use marijuana Section 5. Any qualifying patient receiving a written or electronic certification for medical use marijuana shall register with the commission pursuant to regulations promulgated by the commission.

M.G.L. c. 94I, § 6 Limitations on effect of chapter

c. 94I, § 6. Limitations on effect of chapter Section 6. This chapter shall not: (i) require any health insurance provider, or any government agency or authority, to reimburse any person for the expenses of the medical use of marijuana; [ Paragraphs (ii) and (iii) effective until April 19, 2026. For text effective April 19, 2026, see below.] (ii) require any healthcare professional to authorize the medical use of marijuana for a patient; or (iii) amend existing penalties for operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery while impaired by marijuana or a marijuana product. [ Paragraphs (ii) and (iii) as amended by 2026, 65, Sec. 51 effective April 19, 2026. For text effective until April 19, 2026, see above.] (ii) require any healthcare professional to authorize the medical use of marijuana for a patient; (iii) amend existing penalties for operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery while impaired by marijuana or a marijuana product; or [ Paragraph (iv) added by 2026, 65, Sec. 51 effective April 19, 2026.] (iv) require medical marijuana establishments to simultaneously cultivate, process and dispense medical use marijuana as a condition of licensure.

M.G.L. c. 94I, § 7 Rules and regulations for implementation of chapter; application fees

c. 94I, § 7. Rules and regulations for implementation of chapter; application fees [ First paragraph effective until April 19, 2026. For text effective April 19, 2026, see below.] Section 7. The commission shall promulgate rules and regulations for the implementation of this chapter under the procedures of chapter 30A. The commission shall set application fees for medical marijuana treatment centers so as to defray the administrative costs of the medical marijuana program and ensure the medical marijuana program is revenue neutral. [ First paragraph as amended by 2026, 65, Sec. 52 effective April 19, 2026. For text effective until April 19, 2026, see above.] The commission shall promulgate rules and regulations for the implementation of this chapter under the procedures of chapter 30A. The commission shall set application fees for medical marijuana establishments, which may include different fee amounts for classes established pursuant to this section so as to defray the administrative costs of the medical marijuana program and ensure the medical marijuana program is revenue neutral. No regulation of the commission regarding the medical use of marijuana shall be more restrictive than any rule or regulation promulgated by the department of public health pursuant to chapter 369 of the acts of 2012 and in effect on July 1, 2017. [ Three paragraphs added by 2026, 65, Sec. 53 effective April 19, 2026.] The commission may adopt regulations to: (i) establish and provide for the issuance of additional types or classes of licenses to operate medical use of marijuana-related businesses; and (ii) limit the number of medical marijuana establishment licenses a licensee may be granted. The commission may establish procedures and policies for municipalities to promote and encourage full participation in the regulated medical marijuana industry during negotiations of host community agreements with social equity program businesses and economic empowerment priority applicants pursuant to clause (xxxi) of subsection (a) of section 4 of chapter 94G. The commission shall adopt regulations to promote and encourage full participation in the regulated medical marijuana industry by people from communities that have previously been disproportionately harmed by marijuana prohibition and enforcement and to positively impact those communities pursuant to clause (iv) of subsection (a 1/2) of section 4 of chapter 94G.

M.G.L. c. 94I, § 8 Taxation of marijuana sold pursuant to chapter

c. 94I, § 8. Taxation of marijuana sold pursuant to chapter Section 8. Marijuana sold pursuant to this chapter shall not be taxed under chapter 64H, 64I, 64K or 64N.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94IFetched: 10/20/2026