MMA testimony to Department of Public Health regarding medical marijuana rules

Dr. Lauren Smith, Interim Commissioner
Department of Public Health, Boston

Dear Commissioner Smith,

On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association thanks you for the opportunity to offer comments on the formulation of regulations concerning medical marijuana in Massachusetts. The 2012 Act for the Humanitarian Medical Use of Marijuana requires the Department of Public Health to develop important regulations and processes to fully implement the law, ranging from the registration of up to 35 medical marijuana treatment centers/dispensaries across the Commonwealth in the first year, to the creation of enforcement procedures to ensure the safety and security of our municipalities.

We appreciate the careful and deliberate process that the Department has undertaken to establish these regulations, which will have a significant impact on our communities for years to come. This letter offers detailed comments on issues of concern to municipalities and recommendations to ensure the establishment of a safe medical marijuana program that avoids harmful impacts to our cities and towns. Most importantly, it is essential that any and all regulations issued by the Department in no way preempt the authority or ability of local governments to regulate medical marijuana within their municipalities. Local governments are best able to ascertain the public health and safety needs of their communities and to enact appropriate and responsive regulations consistent with local needs.

Local Impact

1. The Act requires that the Department of Public Health issue registrations for up to 35 nonprofit medical marijuana treatment centers, provided that at least one treatment center shall be located in each county, and not more than five shall be located in any county. Several municipalities have enacted, or are presently considering enacting, local ordinances or bylaws that amend zoning to disallow or restrict the location of a medical marijuana treatment center within the municipality. Others are presently considering implementing a temporary moratorium on the establishment of medical marijuana treatment centers within municipal borders until the Department of Public Health has issued final regulations and the municipality has had time to assess the need for any zoning changes and to work those changes or new policies through their local legislative process. We ask that the Department of Public Health ensure that all of its determinations are consistent with all local ordinances around medical marijuana treatment centers as the Department considers whether to issue a registration to a medical marijuana cultivation center. Further, the Department should in no way restrict the ability of a municipality to adopt local ordinances or implement local regulations relative to the implementation of this law.

2. The Act specifies that when a nonprofit entity seeking to establish a medical marijuana treatment center submits its registration application to the Department of Public Health, the entity must include the legal name and physical address of the proposed treatment center, as well as the address of the additional location, if any, where marijuana will be cultivated. The MMA requests that the Department strictly adhere to these guidelines and reject any application that does not include specific physical address information. Additionally, the Department should require applicants to concurrently submit proof of site control for the address or addresses they indicate, as well as demonstrate compliance with all local codes and ordinances. Within 10 days of receipt of an application, the Department should issue written notification to the chief administrative officer and chief of police in the municipality listed as the proposed site for the medical marijuana treatment center, and to the chief administrative officer and police chief in the municipality listed as the proposed site for medical marijuana cultivation, if different.

3. If the Department of Public Health determines that a nonprofit that has applied for a medical marijuana treatment center license meets all criteria necessary for a registration, the Department should issue notification of a public hearing to be held in the host municipality prior to the issuance of the license. This public hearing would promote transparency in the process and allow all interested members of the community to learn about the proposed treatment center and how it might impact the municipality. The Department should condition the issuance of a registration to a medical marijuana treatment center on demonstrated compliance with all local ordinances and regulations in the municipality in which the center seeks to locate, as well as successful receipt of all necessary local permits.

4. In order to promote clarity of communication between the Department of Public Health and the municipalities that will either host a medical marijuana treatment center or be home to residents possessing home-growth hardship registrations, we ask the Department to create the position of Ombudsman specifically charged with serving as a liaison with municipalities on the issue of medical marijuana. The creation of this designated position would facilitate the close collaborative relationship that will be necessary between the Department and municipalities to ensure the successful and safe implementation of the law. Among other responsibilities, the Ombudsman should be responsible for the quarterly issuance of notification of registered medical marijuana treatment centers and their employees to the chief administrative officer and chief of police within the host municipalities. The Ombudsman position should exist within a larger designated Enforcement Unit housed within the Department, similar to those that have been created in other states that have legalized medical marijuana. The Enforcement Unit should maintain a toll-free number through which concerns about unlawful or inappropriate activity related to medical marijuana may be reported.

5. In addition to honoring local bylaws, ordinances and permit requirements regulating the location of treatment centers, the Department of Public Health should not restrict the authority of municipalities to enact local home-rule regulations of medical marijuana treatment centers operating within their boundaries that impose further restrictions, such as limiting permitted hours of operation, facility signage, requirements for security, and other matters.

Financial Impact

6. The Act states that the Department of Public Health shall set application fees for nonprofit medical marijuana treatment centers so as to defray the administrative costs of the medical marijuana program and thereby make the law revenue-neutral. This law must be revenue-neutral for municipalities as well, and municipalities that host a medical marijuana treatment center or a medical marijuana cultivation site should have the ability to impose annual license or permit fees to accomplish this.

7. Section 14B of the Act states that the fraudulent use of a medical marijuana registration card or cultivation registration shall be a misdemeanor punishable by up to six months in a house of correction, or a fine up to $500. The Department should establish a pathway in its regulations to allow for the non-criminal disposition of such fines to improve local enforcement of the regulations.

8. To most efficiently ensure public health and safety, the Department of Public Health should include in its regulations clear guidelines as to the party responsible for the monitoring and inspection of medical marijuana treatment centers, medical marijuana cultivation sites, and home-growth hardship registrations. The Department should clearly articulate the procedures that will be used and the standards that must be met. If local officials will have or will share responsibility for any monitoring or inspection of facilities or home-growth sites, the Department should provide all required training and ensure that the requirements are revenue-neutral for the municipality.

Public Health and Safety Impact

9. Regarding specific issues of public safety and crime prevention, we strongly urge you to review the comments to be submitted by the Massachusetts Chiefs of Police Association, as the concerns of local law enforcement must be addressed in order to ensure the appropriate and proper implementation of the Act in a manner consistent with the needs of our citizens and communities.

10. Any registered medical marijuana treatment center that elects to sell food products containing marijuana must first obtain a local food establishment license. Additionally, the Department of Public Health should prohibit the onsite consumption of any food products sold by a medical marijuana treatment center.

Once again, thank you for the opportunity to provide input on the development of regulations required under the Act. Because of the importance of this issue within communities across the state, we appreciate the thorough, cautious and transparent approach that the Department has undertaken to ensure that medical marijuana regulations in Massachusetts create the highest standards to minimize any potential for misuse.

If you have any questions, please do not hesitate to contact Catherine Rollins of the MMA staff at (617) 426-7272 at any time.

Thank you very much.

Sincerely,

Geoffrey C. Beckwith
Executive Director, MMA