Massachusetts Medical Marijuana Regulations Might Be Late

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The state Department of Public Health might miss a May 1 deadline for issuing regulations for the use of medical marijuana, meaning a possible delay in making the drug available at dispensaries.

Medical marijuana in Massachusetts became legal on Jan. 1 under a ballot question approved by 63 percent of voters. The ballot question gave the state public health department 120 days, or until May 1, to issue regulations to guide the use and availability of medical marijuana for people with certain medical conditions.

"The department of public health will issue regulations on medical marijuana as close to May as possible," David Kibbe, communications director for the department, said in a statement. "The department is partnering with a wide range of stakeholders in public safety, the medical community and municipal governments to develop the regulations. We will learn from other states' experience to put a system in place that is right for Massachusetts."

Under the law, the regulations would include rules for the use of medical marijuana including registration cards for patients, the definition of a 60-day supply allowed under the law and establishing procedures for the operation of up to 35 nonprofit dispensaries for the drug.

Until the regulations are issued, the dispensaries cannot apply for permits to open and people cannot apply to obtain registration cards, for example.

In the absence of the regulations, the law says written certification by a physician would constitute a registration card for a qualifying patient.

The law gives the department until the end of the year to issue registrations for dispensaries, with at least one to be located in each county, and not more than five in any one county.

Seeking comments on the pending regulations, the department of public health is scheduled to hold public hearings in Worcester, Boston and Holyoke. The state is holding the hearings to give people a say on an array of issues including how to regulate medical marijuana in foods such as brownies.

The final of three hearings will be held from 1:30 to 4:30 p.m. on Feb. 27 at the Kittredge Business Center at Holyoke Community College.

The first hearing will be from 2 to 5 p.m. on Wednesday at Worcester Public Library. The second hearing will be from 10 a.m. to 1 p.m. on Thursday at Roxbury Community College in Boston.

In an e-mail interview, Matthew Allen, executive director of the Massachusetts Patient Advocacy Alliance, said the alliance is concerned that any delay in issuing recommendations will mean that patients with serious illnesses will suffer unnecessarily without safe access to medical marijuana.

"We believe the timeline set forth in the initiative allows the state sufficient time to craft well balanced and effective regulations," Allen wrote. "The state should respect the will of the voters and implement the new law as it was written."

Rep. John W. Scibak, a South Hadley Democrat who supports medical marijuana, said he does not want to delay access to people who need the treatment, but if the public health department needs longer than 120 days to issue regulations, then he would want to hold off and wait.

"I would rather have it done correctly than find out we make an error that could be problematic down the road," Scibak said. "I want to defer to the experts."

Scibak, a former health care administrator, is among several legislators on Beacon Hill who have submitted bills to revise the ballot law, setting the scene for a debate at the Statehouse on the issue.

Scibak's bill seeks to expand the medical conditions that allow people to qualify for medical marijuana to include health problems such as chronic severe pain, severe nausea or persistent muscle spasms.

The bill also calls for the registration and licensing of testing laboratories for medical marijuana and their employees.

Rep. Cleon H. Turner, a Dennis Democrat, has legislation that would allow cities and towns, employers, property owners and landlords to regulate the smoking of medical marijuana on their premises just as they can now regulate the smoking of tobacco products.

"If someone takes medication generally, it usually only affects that person. If someone smokes marijuana or tobacco, it has the high probability to affect people around them," Turner said in an e-mail.

Sen. John F. Keenan, D-Quincy, has a bill that would delay implementation of the medical marijuana law for nine months, helping cities and towns.

In a recent interview, Geoffrey C. Beckwith, executive director of the Massachusetts Municipal Association, said the association supports a delay of at least until November to allow cities and towns to determine if their bylaws and ordnances need to be changed or updated to regulate the location of dispensaries or possibly ban them.

"We don't have a position on the ballot question one way or another," Beckwith said. "It is the law. We just want to make sure that cities and towns have an adequate amount of time to prepare for the implementation and to put in place what is the will of the citizens in their community."

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Source: masslive.com
Author: Dan RIng
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