Medical marijuana in Massachusetts

To obtain a hardship cultivation registration, a registered
qualifying patient shall, in a form and manner determined by the Department, submit the following:
(1)
A non-refundable registration fee,
unless waived pursuant to 105 CMR
725.015(A)(7);
(2)
Inform
ation supporting a claim that access is
limited due to one or more of the
circumstances listed in 105 CMR 725.035(A);
(3)
An explanation including lack of feasible alternatives to mitigate the limitation
claimed under 105 CMR 725.035(A);
(4)
A description and address of
the single location that
shall be used for the
cultivation of marijuana, wh
ich shall be either the regi
stered qualifying patient's
or one personal caregiver's primary residence;
(5)
A written explanation of how the qualifyi
ng patient will cultivate marijuana in
accordance with the requirements of 105 CMR 725.035;
(6)
A description of the device or system that
will be used to en
sure security and
prevent diversion of the marijuana plants being cultivated;
(7)
Written acknowledgement of the limitations on his or her authorization to
cultivate, possess, and use mariju
ana for medical purposes in the
Commonwealth; and
(8)
Any other information required by the Department
 
The Department shall review and approve
or deny an application for a hardship
cultivation registration within
30 calendar days of receipt of a completed application.
(D)
A registered qualifying patient with a hardsh
ip cultivation registration, or his or her
personal caregiver(s), may cult
ivate only at the location specified in the application
approved by the Department.
(E)
At any given location, cultivation may occur pursuant to only one hardship cultivation
registration, absent proof that more than one
registered qualifying patient resides at the
location.
(F)
A hardship cultivation registration will be valid for one year from the date of issue, and
may be renewed, in a form and manner dete
rmined by the Department, on an annual basis
by meeting the requireme
nts in 105 CMR 725.035( B).
(G)
A hardship cultivation registration shall allow the registered qualifying patient or his or
her personal caregiver(s) to cultivate a limited
number of plants sufficient to maintain a
60-day supply of marijuana sole
ly for that patient's use, or
as further specified by the
Department.
(H)
Cultivation and storage of marijuana shall be in
an enclosed, locked area accessible only
to the registered qualifying pa
tient or his or her personal
caregiver(s), subject to 105
CMR 725.650. Marijuana shall not
be visible from the street or other public areas.
14
Regulation As Approved by the Public Health Council – Last Modified 5.8.13
105 CMR: Department of Public Health
(I)
A registered qualifying patient
or his or her personal care
giver(s) cultivating
marijuana
pursuant to a hardship cultivation registration sh
all adhere to industry best practices in the
cultivation of marijuana plants and storag
e of finished product, and any standards
specified by the Department.
(J)
A registered qualifying patient and his or he
r personal caregiver(s) is prohibited from
selling, bartering, giving away
or distributing in any manner
marijuana or paraphernalia.
(K)
The Department may inspect the cultivation site
of a registered qualifying patient with a
hardship cultivation registration,
or the cultivation site of his
or her personal caregiver(s),
at any time. Acceptance of a hardship cultiv
ation registration by a registered qualifying
patient constitutes consent for such inspection of the cultivation site.
(L)
A registered qualifying patient who received
written certificati
on of a debilitating
medical condition from a physician prior to
enactment of 105 CMR 725.000, or prior to
the Department accepting applications for hard
ship cultivation registration, and who used
that written certification as a
limited cultivation registrati
on, must apply for a hardship
cultivation registration according to the
procedures set out in 105 CMR 725.035( B) no
later than January 1, 2014, if
he or she intends to conti
nue to cultivate marijuana;
however the initial limited cu
ltivation registration will rema
in valid until the application
for the hardship cultivation registration car
d is approved or deni
ed by the Department.
(M) After obtaining a hardship cultivation re
gistration, a registered
qualifying patient is
responsible for notifying the Department,
in a form and manner determined by the
Department, within five business days after a
ny change to the information that he or she
or his or her personal caregiver
(s) was previously required to
submit to the Department.
(N) A registered qualifying patient
with a hardship cultivation registration, or his or her
personal caregiver(s) if applicab
le, must have the registrati
on available at the site of
cultivation. Such registration must be made
available upon request of the Department or
other government agency acting within their lawful authority.
(O) A registered qualifying patient
with a hardship cultivation registration, or his or her
personal caregiver(s) if appli
cable, is prohibited from purchas
ing marijuana from a RMD,
provided however that such indi
viduals may purchase seeds
 

 

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