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:	post by arilliusbm at 2011-01-28 15:29:50

http://www.masscann.org/legal-reform/60-po...edical-bills-filed-in-massachusetts

Mass Cann has learned that Rep. Ellen Story (D-Amherst) has filed "An Act to regulate and tax the cannabis industry." It has been assigned House Docket Number 01091 (H01091 for short). Later in the session, it will be assigned a Bill number.

Similar to last session's bills S1801/H2929, the bill, if passed would:

immediately remove all of Massachusetts' criminal and civil penalties upon persons over the age of 21 (an adult) who possess or cultivate cannabis for their personal use and the sharing of same with other adults. When lawful under the laws of the United States it will also legalize the commercial cultivation, possession and distribution of cannabis by those who hold a valid license issued in accordance with regulations proposed in the bill.

Mass Cann has also learned that Rep. Frank Smizik (D-Brookline) and Sen. Stanley Rosenberg (D-Amherst), who is also the Senate's President Pro Tempore, have filed in each chamber "An Act to regulate the medical use of marijuana by patients approved by physicians and certified by the department of public health." It has been assigned Senate Docket No. 00698 (S0678 for short). In the House it has been assigned House Docket No., 00371. Later in the session, both will be assigned a Bill number.

Similar to last session's bill, H2160, this sessions, "Act to regulate the medical use of marijuana by patients approved by physicians and certified by the department of public health" will:

I. Establish effective legal protection for seriously ill patients who use marijuana under the recommendation of their doctor.

• Allows Massachusetts Department of Public Health (DPH) certified patients to possess and/or cultivate marijuana for medical purposes. To prevent abuse, limits maximum amount of useable cannabis (4. oz.) and plants (24) allowed for each patient. The plants must be stored in an enclosed, locked facility.

• Allows DPH to qualify a "care-taker" for each patient, who can assist DPH certified but disabled patients in cultivating limited amounts of marijuana for medical use.

• Creates an identification card system to facilitate marijuana law enforcement and quick determination of valid medical use.

II. Limit the conditions for which medical marijuana can be recommended.

• Limits the list of valid medical conditions to include cancer, glaucoma, HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, Alzheimer's disease, Post Traumatic Stress Disorder, or any chronic or debilitating medical condition or disease that produces wasting syndrome, severe pain, severe nausea, seizures, or muscle spasms, or other condition approved by DPH.

III. Create a highly regulated dispensary system.

• Allows DPH to permit a limited number of not-for-profit "medical treatment centers" where certified patients can access their medicine.

• Allows DPH to promulgate regulations governing the manner in which it will consider applications for registration certificates for up to 19 centers.

• Limits the amount of medical marijuana treatment centers can grow based on how many patients they serve and requires that medical marijuana be grown in a secure, locked facility.

IV. Not change existing statutes regarding recreational use of marijuana.

• All existing laws regarding the sale or distribution of marijuana will remain. Any sale of marijuana that is not between a qualifying patient, a DPH designated caregiver or DPH designated treatment center may be prosecuted to the full extent of the law.

(Thanks to Matt Allen of The Massachusetts Patient Advocacy Alliance for the summary.)

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