Mr.Ferksh Was Here
Call VGR Law Firm, PC: (617) 307-4728

Massachusetts Medical Marijuana Dispensary

Massachusetts medical marijuana dispensary application graphic
Massachusetts Medical Marijuana Dispensary Applications May Follow Rhode Island’s Procedure

The following post will be a comparison of the Massachusetts medical marijuana law and the application process in Rhode Island.  Future blog posts will address the application process in other states.  The goal of these posts is to help dispensary applicants understand what the Department of Public Health (DPH) will expect from dispensary applications in Massachusetts.

In Massachusetts, dispensaries are also known as treatment centers.  Mass law allows for treatment center agents who are at least 21 years old and have no prior drug felony convictions.  Agents are employees or board members of the dispensary.  Massachusetts law allows for acquisition and dispensing of medical cannabis by dispensaries.

The DPH requires that treatment centers register.  This means they must pay an application fee, state the legal name and physical address of the treatment center, including another location if needed where cannabis will be cultivated for the dispensary.  The application must state the name, address and date of birth of each officer or board member.  They must have operating procedures that follow DPH rules for oversight and cultivation and storage of medical cannabis in an enclosed and locked facility.

In the first year the DPH will issue regulations and permits for up to 35 dispensaries, with a maximum of 5 and no fewer than 1 dispensary in each county.  If the DPH believes that the number of dispensaries is insufficient to supply the patients in Massachusetts, they can increase the number of dispensaries across the state.  The DPH has 120 days from January 1st, 2013 for the promulgation of rules to govern the application process and regulation of dispensaries.

So what does that mean?  If one solely follows the law as it currently exists their application need not have much.  Name, identity of applicants, and operating procedures for cultivation and storage.  You can be certain that the applications will need more than that.  The DPH wants to know that those receiving permits are actually able to open the dispensary.  A look at the Rhode Island application procedure is good evidence of what else the Massachusetts medical marijuana dispensary application will look like.

Quality Rhode Island medical marijuana dispensary applications include the following:

  • The legal name, articles of incorporation and bylaws of the nonprofit “compassion center.”
  • The physical address of the dispensary.  The Rhode Island application allows for applicants to state the general area of the proposed dispensary and not necessarily provide a specific address.  This differs from the Massachusetts law as it currently stands.
  • Some Rhode Island applications included statement from supporters of the proposed dispensary including local patients and business leaders in that community.
  • Job descriptions, employment records and training manuals for all dispensary employees.
  • Policies and procedures for secure, private storage of the medical records of all patients that acquire cannabis at the dispensary.
  • A statement that the dispensary will take steps to respect their neighbors.
  • A policy for inspection of the facility by the governing body.
  • Policies for responsible cannabis use.
  • Policies for cannabis packaging, tracking and labeling.  Including a description of methodology to make sure that patients do not obtain more than the limits imposed by the law.
  • A complete operations manual.
  • A statement of the business experience that the applicants have which would enable them to run a dispensary.
  • A statement of how the dispensary will provide sufficient cannabis to meet the needs of the patients that procure cannabis at that dispensary.
  • A business plan or part thereof that shows operating expenses and profits.
  • A statement and evidence that the applicants have the financial wherewithal to open and operate the dispensary.
  • Evidence that the locations are not near schools or parks.

The foregoing is a partial list of what the Rhode Island application looks like, and what you can expect the Massachusetts medical marijuana dispensary application to require.  If you are interested in operating a dispensary, and would like some help drafting the application, contact us for assistance.

  1. Hello,
    I have done research on Medical MJ and have a certification from Maine.
    I am not able to find a care giver in Ma. Do you have any suggestions?
    I did hear from a care giver that said there manyn people that needed a
    caregiver and would let me know when they can help me.I was certified on
    5/7/13 and have not found a care giver available.
    It is a shame more people don’t educate them selves on the benefits Of MJ.
    Sincere Thanks,

  2. when will stores in MASS. be open? thanks.

  3. Can Massachusetts Dispensaries have delivery services?

  4. If you already have a physician approved medical marijuana certificate, do you now need a hard copy id to buy from mass dispensaries? If so, how do I do that?

  5. If I have my medical marijuana license then can I grow my own medical marijuana supply without applying for any other license or certificate?

    • Yes you may grow your own up to six plants,

      • Actually this is not correct. Under the current law there is no specific plant limit, but instead you may only cultivate what is reasonable for a 60 day supply, which is 10 ounces unless your physician sets the amount higher.

        • Well on average you get an once and a half to two onces out of one plant but I would grow an extra three or four in case you have a couple plants don’t make it through the grow.
          I would not plant twenty or thrity plants your lookig foor problems !!dista—

  6. You shouldn’t be able to. Patients who will self-cultivate and patients who request a caregiver, both should have registration cards with ID numbers. Any caregiver should also be required to have ID numbers. The system, currently, in place in MA is loaded with issues. Copying any other states system of regulating patients & caregivers would be a huge leap forward. I would be willing to assist. This can become a windfall for the state. Time is of the essence. Interest will continue remain, no pun intended, high. Miring the system with outdated programs is no longer effective. We need to implement a new system – something, faster and user friendly.

  7. I have a signed physician’s certification from a doctor I’ve had an on-going relationship with for years. What are my options for getting legal marijuana before the dispensaries open. Is there a reciprocal relationship with another New England state with open dispensaries? An acquaintance went to a medical “cannabis center” got a medical approval and a reference to an “advocate” through whom she was able to procure cannabis. Is this legitimate?

    Thank you for any light you can shed on the situation.

    • The patient advocate set up seems compliant under the right circumstances. It is not a way for someone to just be a caregiver for many many patients and give it a different label. If you want to cultivate for yourself or designate a caregiver to do so you should apply for a hardship cultivation registration. Absent that you will probably have to wait for dispensaries to open up.

  8. dispensaries seem to be in boston and south and north shores led by W.Delahunt who’s political ties
    all hid place scored perfect when they wern’t, lets hope they spreed these dispensaries across the state
    evenly not 31 for boston and surounding city and towns,wich leves four and thoses are in central Ma, to the burkeshires they need to change this so everyone has easy axcess.

  9. I am an AZ resident with a Medical Marijauna Card from this state. I will be staying in MA for a period of time. Does the State of MA honor out of state Medical marijauna cards!

  10. What exactly do I need to do to qualify as a caregiver? I have a clean record and this is something I would like to do.

Leave a Reply