Massachusetts proposal would let out-of-state patients buy medical cannabis

Massachusetts regulators filed a formal proposal on Thursday, October 22, that would allow adults from other states to purchase medical cannabis in the Bay State. The Cannabis Control Commission outlined the plan to expand patient registration beyond current residency requirements.

Under the new rules, adults aged 18 and older could register regardless of where they live. They would need a diagnosis of a debilitating medical condition from a healthcare provider certified in Massachusetts. For patients under 18, the proposal adds stricter criteria. Minors would need a life-limiting illness and certification from two healthcare providers. Nurse practitioners and physician assistants could issue these certifications for children under existing specialty guidelines.

The commission noted that Massachusetts and Vermont are currently the only two New England states that do not allow out-of-state patients to buy medical cannabis. Xiomara DeLobato, a commissioner, described the proposal as an effective and careful way to provide access to patients across the country.

The timing of the proposal coincides with a sharp decline in the state’s medical cannabis market. Annual sales to patients and caregivers fell from $17.9 million in September 2023 to $11.2 million, according to commission data. Medical products are exempt from state taxes, whereas recreational cannabis faces a 6.25 percent state sales tax, a 10.5 percent special tax, and a local tax of up to 3 percent.

The proposal also introduces a new dispensary license. This would allow businesses to buy, store, sell, and deliver medical cannabis without growing or manufacturing it. Currently, medical businesses must manage the entire production process. The plan would also permit long-term care facilities and hospices to request medical cannabis directly. Fee structures and safety rules for these new operations are still pending definition.

The changes implement reforms that Governor Maura Healey signed in April. The state Senate had previously approved recognizing out-of-state patient registrations, but that provision was removed during negotiations with the House of Representatives.

Commissioners will hold a first vote on December 10. A public comment period runs from January 1 to February 2, followed by potential amendments and a final vote. Until the new rules take effect, only Massachusetts residents can register as patients.