Best bets
Medical marijuana, Mass. Cannabis Control Commission.
Resources outlining Massachusetts laws regarding medical marijuana, including information on:
- How to sign up for a medical marijuana card
- Who qualifies for a medical marijuana card
- Medical conditions approved for medical marijuana
- At home cultivation rules
- Health safety, and pregnancy information
- Retailers
- Where you can legally consume
Can I be fired because I use medical marijuana for a disability?, Nolo.com.
Addresses conversations regarding medical marijuana and employment law. See also:
- State laws on off-duty marijuana use: Massachusetts
"Medical marijuana: Employers are not required to accommodate on-site use of medical marijuana at the workplace. However, an employee who uses medical marijuana to treat a disability is entitled to reasonable accommodation under the state disability discrimination law. Under that law, employers with 6 or more employees must accommodate off-site, off-duty use, unless there is an equally effective alternative treatment available or it would cause the employer undue hardship." - Workplace drug testing
Massachusetts law
MGL c. 94D Controlled Substances Therapeutic Research Act
Allows research into the use of medical marijuana for alleviating certain illnesses.
MGL c. 94I Medical use of marijuana
Allows use of marijuana for medical purposes.
St. 2012, c. 369 An act for the humanitarian medical use of marijuana
The law that legalized the use of medical marijuana in Massachusetts.
Massachusetts regulations
105 CMR 724 Implementation of the Controlled Substances Therapeutic Research Act (MGL c. 94D)
935 CMR Cannabis Control Commission
- 935 CMR 501 Medical use of marijuana
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.
THC: According to the Transportation Security Administration: "Marijuana and certain cannabis infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA."
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
Find a retailer, Mass. Cannabis Control Commission.
"Search for licensed Medical Marijuana Treatment Centers (MTCs) and adult-use Marijuana Establishments (MEs) throughout Massachusetts."
Marijuana in multi-unit residential settings, Public Health Law Center, 2019.
"Answers to common questions about smoking or vaping marijuana in multi-unit residences, including federally subsidized housing."
Massachusetts Cannabis Information
Informational resources on all things marijuana and CBD in Massachusetts. Includes:
- Massachusetts medical marijuana card
Answers frequently asked questions about medical marijuana and getting a card.
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 qualifying patient or a caregiver with the Massachusetts Medical Use of Marijuana Program.
Parents, Mass. Cannabis Control Commission.
Resources for caregivers looking into medical use of marijuana for minors, including health effects and registration.
Print sources
General
8th annual cannabis law conference 2024, MCLE, 2024.
Cannabis law: A primer on federal and state law regarding marijuana, hemp, and CBD, ABA, 2021. (eBook available with library card)
The impact of recent marijuana laws on public law by the Massachusetts Bar Association, Public Law Section, MBA, 2018.
Marijuana and the law (Massachusetts practice series, v. 59) by Joseph D. Bernard, 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, MCLE, 2023.
Business
Joint tenancies: Property leasing in cannabis commerce by Michael N. Widener, ABA, 2018.
The law & business of marijuana dispensaries, MCLE, 2018.
Massachusetts marijuana business law 2021, NBI, 2021:
- Section I: The legalization landscape- regulatory compliance and licensing, by Katherine J. Bierwas.
- Section II: Business & tax planning, by Charlotte Cathro.
- Section III: Business financing & product packaging, by Adam D. Fine.
Workplace
The new marijuana law: Impacts on the workplace by the Massachusetts Bar Association. Labor & Employment Law Section, MBA, 2017.
Contact
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| Last updated: | March 6, 2025 |
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