This page provides information about the regulation of medical marijuana in the City of Cambridge, Massachusetts. For additional information about medical marijuana regulation at the statewide level, visit www.mass.gov/medicalmarijuana.
Statewide: On September 23, the Massachusetts Department of Public Health released a list of RMD applicants who have been approved to participate in the Phase 2 application process. A public meeting will be held October 10, 2013 in Somerville to discuss the Phase 2 process with approved applicants.
In Cambridge, a set of proposed zoning regulations is under consideration to govern the location and permitting process for Registered Marijuana Dispensaries (RMDs). A Planning Board public hearing will be held October 22, 2013, in City Hall.
- Download Proposed Medical Marijuana Zoning (September, 2013)
- Download Public Hearing Notice
The Law for the Humanitarian Medical Use of Marijuana was adopted by Massachusetts voters in November, 2012 and took effect on January 1, 2013.
The Massachusetts Department of Public Health was required by law to develop regulations for patient and caregiver registration, operation of medical marijuana dispensaries, and other aspects of the law. The state’s Public Health Council unanimously approved the regulations on May 8, 2013.
According to the state law and regulations, within the first year, the Massachusetts Department of Public Health will register up to 35 Registered Marijuana Dispensaries (RMDs) statewide, with at least one but no more than five RMDs registered in each county. A competitive process is currently underway to select the first set of approved RMDs. Final approvals are anticipated in January, 2014.
The state regulations allow local governments, including boards of health, to engage in lawful local oversight and to pass local regulations, provided that the regulations do not conflict with state law.
Information can be found at www.mass.gov/medicalmarijuana.
Cambridge’s zoning ordinance temporarily prohibits the establishment of medical marijuana facilities anywhere in Cambridge while the City undertakes a public process to consider zoning and other regulations that would apply along with state laws and regulations.
A set of proposed zoning regulations has been prepared by the Community Development Department and presented to the City Council. These proposed regulatiions consider the unique land use, transportation, urban design and public safety characteristics of a Registered Marijuana Dispensary (RMD) as it is defined and regulated at the state level.
There will be a very limited number of RMDs around the state, each of which will serve customers across a broad area. As a result, they are likely to generate traffic that is more regional in nature and may require more parking than a typical retail store. The statewide regulations also impose security standards that will affect the sites that are chosen. For instance, all products must be stored in a locked safe or vault and the perimeter of the site must be monitored by surveillance systems. If products are shipped from off-site, a secure loading area may be required. Furthermore, state and federal standards dictate that RMDs must not be located near places where children normally congregate, such as schools, day care centers, youth centers and playgrounds.
Given the expected characteristics of RMDs in Massachusetts, the proposed zoning suggests locations based on the following criteria:
- Business-oriented districts with regional transportation access.
- Availability of sites with parking and loading facilities that can be secured and monitored.
- Buffered from schools, day care centers, and other facilities commonly used by children.
- Away from residential neighborhoods that might be impacted by traffic.
On Tuesday, October 22, 2013, at 7:00 P.M. in the Sullivan Chamber, Second Floor, City Hall (795 Massachusetts Avenue), the Cambridge Planning Board will hold its first public hearing to consider the proposed zoning regulations. Potential public health regulations will also be discussed.
- Download Proposed Medical Marijuana Zoning (September, 2013)
- Download Public Hearing Notice
The Cambridge Public Health Department (CPHD) acknowledges that the Massachusetts regulation (105 CMR 725.000) is among the most stringent in the nation.
The Massachusetts Department of Public Health promulgated its regulation following an extensive public engagement process that included three public hearings (80+ attendees at each); more than 25 stakeholder meetings with patient advocates, industry experts, law enforcement, physicians, elected officials, and municipal leaders; and the review of ~200 written comments from the public.
The Cambridge Public Health Department has reviewed the state regulation and Boston Public Health Commission’s draft “Regulation to Ensure Safe Access to Medical Marijuana in the City of Boston.”
Similar to the decision by the Boston Public Health Commission, CPHD will defer to the state on issues around product quality, doctor/patient certification issues, and other areas where the state’s regulatory structure seems sufficient or where the issues do not raise local siting or operational concerns.
If a local public health regulation or additional local laws were deemed necessary, areas of oversight would likely concern:
- The ability of the City of Cambridge to impose requirements that reduce logistical and financial barriers to accessing medical marijuana for anyone who is properly certified to receive it. Such local provisions would minimize the likelihood that the state would grant “hardship cultivation” status (the right to privately cultivate marijuana plants) to Cambridge residents.
- The ability of the City of Cambridge to place further restrictions on advertising, signage, and public display of marijuana beyond what is required under the state regulation.
- The ability of the City of Cambridge to review security plans for local RMDs.
- The ability to inspect and permit local RMDs, as well as fine, restrict, or suspend operation of an RMD.
- Other issues raised by the community that are not adequately addressed by the state regulation.