Massachusetts law about medical marijuana

Laws, regulations, cases, and web sources on medical use of marijuana.

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Table of Contents

Best bets

Medical marijuana, Mass. Cannabis Control Commission.
Resources outlining Massachusetts laws regarding medical marijuana, including information on:

Can I be fired because I use medical marijuana for a disability?,
Addresses conversations regarding medical marijuana and employment law. See also: Workplace drug testing and Off-duty marijuana use.   

Massachusetts law

MGL c. 94D Controlled Substances Therapeutic Act
Research into the use of medical marijuana.

MGL c. 94I Medical use of marijuana
Allows use of marijuana for medical purposes.

Massachusetts regulations

105 CMR 724 Implementation of the Controlled Substances Therapeutic Research Act (MGL c. 94D)

935 CMR Cannabis Control Commission

Can I travel outside of Massachusetts with medical marijuana?

No. You can’t cross state lines with marijuana (including medical marijuana). "It’s illegal to drive across state lines with any kind of medical marijuana product. It’s also against the law to transport it on a plane, train, boat, or other mode of transportation outside of Massachusetts." -- Mass. Cannabis Control Commission.

Selected cases

Barbuto v. Advantage Sales and Marketing, LLC, 477 Mass. 456 (2017)
An employee who has been fired for using medical marijuana off-site, and not before or during work, may sue her employer for handicap discrimination.

Comm. v. Richardson, 479 Mass. 344 (2018)
Addresses the prosecution of a person for trafficking in marijuana where that person was legally permitted to grow marijuana for medical purposes. Includes new model jury instructions.

West Street Associates, LLC v. Mansfield Planning Board, 488 Mass. 319 (2021)
"A previously enacted municipal bylaw that permits only nonprofit entities to operate medical marijuana dispensaries is preempted by a statutory provision specifically eliminating that restriction."

Wright's Case, 486 Mass. 98 (2020)
A workers’ compensation insurer cannot be compelled to pay for an employee's medical marijuana.

Web sources

Medical marijuana dispensaries, Mass. Exec. Office of Health and Human Services.
Provides the location and hours of all registered medical marijuana dispensaries in Massachusetts.

More about marijuana, Mass. Cannabis Control Commission.
Resources with educational information regarding: marijuana 101; health effects and safety; marijuana and pregnancy; how to talk to children and teens about marijuana; and growing marijuana and making products at home.

Open letter to all Federal firearms licensees, Bureau of Alcohol, Tobacco, Firearms and Explosives, September 21, 2011.
"[A]ny person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana use for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition."

Patients and Caregivers, Mass. Cannabis Control Commission.
Includes links to information regarding registration as a patient or a caregiver. 

Parents, Mass. Cannabis Control Commission.
Resources for caregivers looking into medical use of marijuana for minors including health effects and registration.

What you can do about second-hand smoke,
Provides possible tactics for dealing with a neighbor who is sharing secondhand marijuana smoke.

Print sources

6th annual cannabis law conference 2022, by Adam D. Fine, MCLE, 2022.

Cannabis law: a primer on federal and state law regarding marijuana, hemp, and CBD, edited by Barak Cohen, ABA, 2021.

The impact of recent marijuana laws on public law, by the Massachusetts Bar Association. Public Law Section, MBA, 2018.

Joint tenancies: property leasing in cannabis commerce, by Michael N. Widener, ABA, 2018.

The law & business of marijuana dispensaries, by Adam D. Fine, MCLE, 2018.

Marijuana and the law, by Joseph D. Bernard and Erica M. Bruno, West, 2022.

Marijuana law in a nutshell, by Mark K. Osbeck, West, 2022.

Marijuana law: a legal research guide, by Carol A. Fichtelman, Hein, 2021.

Massachusetts cannabis law manual, edited by Adam D. Fine, MCLE, 2023.

Massachusetts marijuana business law 2021 - section I: the legalization landscape- regulatory compliance and licensing, by Katherine J Bierwas, NBI, 2021.

Massachusetts marijuana business law 2021 - section II: business & tax planning, by Charlotte Cathro, NBI, 2021.

Massachusetts marijuana business law 2021 - section III: business financing & product packaging, by Adam D. Fine, NBI, 2021.

The new marijuana law: impacts on the workplace, by the Massachusetts Bar Association. Labor & Employment Law Section, MBA, 2017.

Contact   for Massachusetts law about medical marijuana

Last updated: February 29, 2024

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