Amendment #3 to H3768
Medical Marijuana Harmonization Amendment
Mr. Smizik of Brookline moves to amend the bill Section 1. Chapter 10A of the Massachusetts General Law is hereby amended by striking out after the words “Card Holder” in Section 2 and inserting the following:-
“Card holder” shall mean a qualifying patient or a personal caregiver who has been issued and possesses a temporary registration or Department issued registration card. It shall also mean a dispensary agent of a medical marijuana treatment center who possesses a registration card approved by the Department.
Section 2. Chapter 10A of the Massachusetts General Law is hereby amended by striking out after the words “Registration Card” in Section 2 and inserting the following:-
“Registration card” shall mean a personal identification card issued by the Department to a qualifying patient, personal caregiver, or dispensary agent. The registration card verifies that a physician has provided an electronic certification to the qualifying patient, that the patient has designated the individual as a personal caregiver, that the temporary registration shall expire, or that a medical treatment center has met the terms of Section 21of this law. The registration card or temporary registration shall identify for the Department and law enforcement those individuals who are exempt from Massachusetts criminal and civil penalties for conduct pursuant to the medical use of marijuana.
Section 3. Chapter 10A of the Massachusetts General Law is hereby amended by inserting after the words “Division” in Section 2 and inserting the following-:
“Electronic certification” means a document signed or executed electronically by a licensed physician, stating that in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. Such certification shall be made only in the course of a bona fide physician-patient relationship and shall specify the qualifying patient's debilitating medical condition(s). Electronic certifications upon submission by a physician to the Department shall automatically generate a registration number and temporary registration.
Section 4. Chapter 10A of the Massachusetts General Law is hereby amended by inserting after the words “Registration Card” in Section 2 and inserting the following-:
“Registration Number” shall mean an automatically generated alphanumeric unique personal identifier assigned to patients and their personal caregivers upon receipt of a physician’s electronic certification by the Department.
Section 5. Chapter 10A of the Massachusetts General Law is hereby amended by inserting after the words “Subsidiary” in Section 2 and inserting the following-:
“Temporary Registration” shall mean an interim registration document for patients and their personal caregivers generated automatically upon the Department receipt of a physician’s electronic certification. The temporary registration document shall constitute a registration card for patients and their personal caregivers to access medical marijuana treatment centers. Temporary registration shall expire 14 days after the Department issues the registration card.
Section 6. Chapter 10A of the Massachusetts General Law is hereby amended by striking out the word “written” in Sections 8 subsection (a) and 8 subsection b(1) and inserting the following-:
Electronic.
Section 7. Chapter 10A of the Massachusetts General Law is hereby amended by striking out section 8 subsection (d) and inserting the following-:
The commission shall issue a cultivation registration to a qualifying patient whose access to a medical treatment center is limited by verified financial hardship, a physical incapacity to access reasonable transportation, or the lack of a treatment center within a reasonable distance of the patient's residence. The Department may deny a registration based on the provision of false information by the applicant. Such registration shall allow the patient or the patient's personal caregiver to cultivate a limited number of plants, sufficient to maintain a 60-day supply of marijuana, and shall require cultivation and storage only in an enclosed, locked facility. The department shall issue regulations consistent with this section within 120 days of the effective date of this law. Until the department issues such final regulations, the electronic certification of a qualifying patient's physician shall constitute a limited cultivation registration.
Section 8. Chapter 10A of the Massachusetts General Law is hereby amended by inserting the following after section 8 subsection b(1)-:
(b)(2)
Upon being certified as a qualifying patient by a physician or designated as a caregiver by a patient the electronic certification shall serve the requirement for registering with the program. The certification sent to the Department by a physician shall contain:
1. Electronic certification from a physician, including:
(a)Name, address unless homeless, and date of birth.
(b)Name, address and date of birth of the qualifying patient's personal caregiver, if any.
Section 9. Chapter 10A of the Massachusetts General Law is hereby amended by inserting the following after section 8 subsection f-:
Within 120 days of the effective date of this law, the commission shall issue regulations for the implementation of Sections 9 through 12 of this Law. The department shall set application fees for non-profit medical marijuana treatment centers so as to defray the administrative costs of the medical marijuana program and thereby make this law revenue neutral. Temporary registration and Department issued registration cards shall be provided at no cost to qualifying patients and personal caregivers.
Section 10. Chapter 10A of the Massachusetts General Law is hereby amended by inserting the following after Section 10 subsection (2)(g)-:
(A)The commission after a hearing, may revoke any temporary registration or registration card issued under this law for a willful violation of this law. The standard of proof for revocation shall be a preponderance of the evidence. A revocation decision shall be reviewable in the Superior Court.
(B)The fraudulent use of a temporary registration or medical marijuana registration card or cultivation registration shall be a misdemeanor punishable by up to 6 months in the house of correction, or a fine up to $500, but if such fraudulent use is for the distribution, sale, or trafficking of marijuana for non-medical use for profit it shall be a felony punishable by up to 5 years in state prison or up to two and one half years in the house of correction.
Section 11. Chapter 10A of the Massachusetts General Law is hereby amended by striking out section 9 and inserting in place thereof the following section:-
The commission shall maintain a confidential list of the persons issued temporary registration or medical marijuana registration cards. Individual names and other identifying information on the list shall be exempt from the provisions of Massachusetts Public Records Law, M.G.L. Chapter 66, section 10, and not subject to disclosure, except to employees of the department in the course of their official duties and to Massachusetts law enforcement officials when verifying a card holder's registration.
Temporary registrations and registration cards for patients and personal caregivers shall contain only a registration number, an expiration date, and a photo of the patient or personal caregiver. Medical marijuana treatment centers shall track patients and personal caregivers only through their registration number on receipts, labels, and the online system. Patients shall not be required to show any identification beyond their registration card or temporary registration to enter a medical marijuana treatment center.