Medical Marijuana: 120 Days And Counting

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Many Massachusetts cities and towns are taking a "wait-and-see" approach to medical marijuana, looking for specific guidance from the state before enacting local measures regulating it within its borders.

The law, approved by voters in November through a state-wide ballot initiative, will allow physicians in Massachusetts to prescribe medical marijuana to reduce the symptoms caused by diseases such as AIDS, Crohn's disease and glaucoma.

The law states that every patient issued a medical marijuana card by a physician is allowed to carry a 60-day supply of marijuana issued from a treatment center (also referred to as a dispensary). Each county will be required to have at least one treatment center, but no more than five.

But there are still many questions that community officials would like answered before making finals plans, such as how much medical marijuana is constitutes a 60-day supply and how treatment centers will be zoned.

Because the Department of Public Health (DPH) has 120 days from Jan. 1 to define the regulations and answer these questions, many local officials are leaving the issue in the back of their minds.

"There are so many conversations about the medical marijuana law, it ends up being on the backburner," said Maynard Town Administrator Mike Sullivan. "The Board of Selectmen will be looking at it and we are relying on the police chief's research, but the legislation doesn't seem to be clear and the DPH hasn't made guidelines."

Other communities are guessing based on the information they already have on the law, but cannot guarantee the plans will stick once the state's regulations go into effect.

Arlington Town Manager Adam Chapdelaine feels the towns are being put into a vacuum until the DPH can come up with definitive plans. He said the town's Youth, Health and Safety Coalition is doing an outreach program to hear the concerns of the community.

"We see it as a concern in the absence of regulation due to the sanctions patients could have from a physician," Chapdelaine said. "We are somewhat 'going with the flow' since it was voter approved. We acknowledge this is happening, so we need to comply."

Chapdelaine said he is less concerned with the influx of marijuana in his community than he is being rushed. The Massachusetts Municipal Association is calling for the mandated 120 days given to the DPH to formulate guidelines to be stretched to July, so towns have more time to prepare, a move Chapdelaine fully supports.

"With ballot initiatives, things seem to happen fast and [it] really creates a sharp learning curve for local governments," he said.

Taking the initiative

While some communities wait for direction from the DPH, others are taking a more proactive approach

Concord's Planning Board is proposing centers be restricted to the town's medical service districts, near Emerson Hospital and medical offices. Town Manager Christopher Whalen anticipates the Board of Selectmen will include the recommended zoning bylaw amendment for Town Meeting action in April.

Woburn Alderman Michael Raymond was one of the three aldermen who proposed zoning changes. He said the changes are in a "very raw stage" and a public hearing is set for this week.

The city is looking to keep the centers out of the downtown area and enforcing restrictions similar to those of pornography shops. But the city has more than 15 zoning classes, means there a number of classes the city has to choose from.

"We feel that by taking a zoning approach, it will pass any legal challenges," Raymond said. "Otherwise if they apply for a permit and we disallow it, we might not have a legal basis for doing that."

Local law enforcement

Police departments are now faced with making sure marijuana is used medicinally, as the state intends, rather than as a recreational drug — which is still considered illegal by the federal government.

Lexington Police Chief Mark Corr said the law is "purposely vague" and leaves the door wide open for those without a medicinal need to use the drug illegally.

"Public safety officials dropped the ball on informing the public how poor the law was written," Corr said. "It will be very overwhelming for us."

Corr isn't sure how police departments will tackle the issue, but he is looking at other states that have legalized medical marijuana and hopes to draw from their police departments' experiences.

Stow Police Chief Bill Bosworth said his department is waiting for the DPH for direction, but will enforce what is already written in the law. He said there is no room for citizens who irresponsibly use their medical marijuana cards or those who make fake cards.

"There are many questions that will need to be answered relative to the regulations of medical marijuana," Bosworth said. "We hope those regulations as developed by DPH will be thorough, strong and clear in order to prevent illegal use of this drug."

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News Hawk- TruthSeekr420 420 MAGAZINE
Source: wickedlocal.com0
Author: Marc Filippino
Contact: The Harvard Post Contact Us
Website: Medical marijuana: 120 days and counting - Harvard, MA - The Harvard Post
 
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