Regulators Move to Let Out-of-State Patients Buy Medical Marijuana in Massachusetts as Medical Sales Shrink

The Cannabis Control Commission is weighing rules that would let people who live outside Massachusetts register as medical marijuana patients here, a change that would end the state's status as one of two New England states that do not allow non-residents to buy medical cannabis.

Under the proposal introduced at the commission's Oct. 22 meeting, anyone 18 or older, regardless of where they live, who is diagnosed with a "debilitating medical condition" by a certified Massachusetts health care provider could register, the State House News Service reported via WBUR. Patients under 18 with a debilitating condition that is also a "life-limiting illness" and certified by two providers could also qualify.

"Simply put, it is a really effective way and a thoughtful way for us to give medical patients across the country more access to treatment," Commissioner Xiomara DeLobato said.

The timeline is set. DeLobato said commissioners plan an initial vote on Dec. 10. The commission would then take public comment from Jan. 1 to Feb. 2 before making changes and taking a final vote.

The proposal follows a failed legislative attempt. The Senate approved a provision recognizing medical marijuana registrations from other states, but it was dropped in negotiations with the House from the bill, H 5350, that Gov. Maura Healey signed in April.

The numbers behind the change show a shrinking medical market. According to commission data cited by the News Service, year-to-date medical marijuana sales to patients and caregivers fell from $17.9 million in September 2023 to $11.2 million last month. Medical products are not taxed in Massachusetts. Adult-use products, available to anyone 21 or older from any state, carry the 6.25 percent sales tax, a 10.75 percent excise tax and a local option tax of up to 3 percent. The industry has generated $2 billion in state and local taxes since the market was enacted in 2016, the commission said as of September.

"For the past few years, the medical marijuana market has been struggling, and so to expand the pool of patients that are able to access medical marijuana in the state, I think is a positive thing for the health and long-term stability of the industry," said Jeremiah MacKinnon, president of the Massachusetts Patient Advocacy Alliance. He said people who travel to Massachusetts for surgery and other care could continue their treatment, tax-free.

New Hampshire, Rhode Island, Connecticut, New York and Maine already allow non-residents to obtain medical marijuana, according to the report; only Massachusetts and Vermont in New England do not. Forty-one states and the District of Columbia allow medical use, according to the National Conference of State Legislatures.

The rule also intersects with Tuesday's ballot. Question 8 would repeal the state's recreational cannabis market. Ryan Dominguez, executive director of the Massachusetts Cannabis Coalition, said the proposed rules would give out-of-state patients a path to products they need if voters approve the repeal. A spokesperson for the repeal campaign, Patrick Nestor, declined to comment on the proposal.

Open questions include how many out-of-state patients would register and whether the commission will set any limits on purchase amounts for non-residents. The draft regulations are expected to be posted with the commission's meeting materials.