Massachusetts law about medical marijuana

A compilation of laws, regulations, cases, and web sources on medical use of marijuana in Massachusetts.

For information on recreational marijuana, please see law about recreational marijuana.

Table of Contents

Best bets

Medical Marijuana, Mass Cannabis Control Commission
Resources outlining Massachusetts laws regarding medical Marijuana including information on: who qualifies; how to apply; at home cultivation rules; health safety, and pregnancy information; and where you can legally consume.

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

Massachusetts law

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

Massachusetts regulations

935 CMR Cannabis Control Commission

  • 935 CMR 501 deals with all areas of medical use of marijuana

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.

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. Executive Office of Health and Human Services.
Provides the location and hours of all registered medical marijuana dispensaries in Massachusetts.

Open letter to all Federal firearms licensees, Bureau of Alcohol, Tobacco, Firearms and Explosives, September 21, 2011.
"any 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, Cannabis Control Commission
Includes links to information regarding registration as a patient or a caregiver. 

Parents, 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, Nolo
Provides possible tactics for dealing with a neighbor who is sharing secondhand marijuana smoke.

Print sources

5th annual cannabis law conference 2021, by Adam D. Fine, MCLE, 2021

Cannabis & hemp: the law & business 6 months later, by Adam D. Fine, MCLE, 2018

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, 2019

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

Medical marijuana meets Massachusetts real estate, land use & zoning law, by Adam D. Fine, MCLE, 2015

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

Contact

Online

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Last updated: July 22, 2022
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