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Cannabis Control Commission
Everything you need to know about medical marijuana in Massachusetts, including:
Massachusetts law
MGL c. 64N, § 4 Exemptions
Marijuana sales tax law does not apply to the sale of marijuana or marijuana products by a medical marijuana treatment center or a registered personal caregiver to a qualifying patient or personal caregiver.
MGL c. 94D Controlled Substances Therapeutic Research Act
Allows research into the use of medical marijuana for alleviating certain illnesses.
MGL c. 94I Medical use of marijuana
Allows use of marijuana for medical purposes.
St. 2012, c. 369 An act for the humanitarian medical use of marijuana
The law that legalized the use of medical marijuana in Massachusetts.
Massachusetts regulations
105 CMR 724 Implementation of the Controlled Substances Therapeutic Research Act (MGL c. 94D)
935 CMR Cannabis Control Commission
- 935 CMR 501 Medical use of marijuana
Frequently asked questions
Can I travel outside of Massachusetts with medical marijuana?
No: "It’s illegal to drive across state lines with any kind of medical marijuana product. It’s also against the law to transport it on a plane, train, boat, or other mode of transportation outside of Massachusetts." (Source: Mass. Cannabis Control Commission)
Flying: Medical marijuana, Transportation Security Administration.
Carry on and checked bags are marked as "Yes (Special Instructions)". Patients may be able to bring their medical marijuana in their checked or carry out bags, but TSA has the final decision on allowing the item through the checkpoint. The TSA officer may refer review of the medical marijuana found to a law enforcement officer. (as of April 27, 2026)
Can I be fired for using medical marijuana?
Can I be fired because I use medical marijuana for a disability?, Nolo, 2023.
Addresses conversations regarding medical marijuana and employment law. Refer also to the following additional Nolo articles:
- State laws on off-duty marijuana use: Massachusetts: "Medical marijuana: Employers are not required to accommodate on-site use of medical marijuana at the workplace. However, an employee who uses medical marijuana to treat a disability is entitled to reasonable accommodation under the state disability discrimination law. Under that law, employers with 6 or more employees must accommodate off-site, off-duty use, unless there is an equally effective alternative treatment available or it would cause the employer undue hardship."
- Massachusetts workplace drug testing: What employees and job applicants need to know (2025): Firing or refusing to hire someone solely because they use medical marijuana to treat a disability could be unlawful, but employers are not required to allow an employee to use medical marijuana while working.
Selected cases
Massachusetts
Barbuto v. Advantage Sales and Marketing, LLC, 477 Mass. 456 (2017)
An employee who has been fired for using medical marijuana off-site, and not before or during work, may sue her employer for handicap discrimination.
Comm. v. Richardson, 479 Mass. 344 (2018)
Addresses the prosecution of a person for trafficking in marijuana where that person was legally permitted to grow marijuana for medical purposes. Includes new model jury instructions.
West Street Associates, LLC v. Mansfield Planning Board, 488 Mass. 319 (2021)
Even though a town law stated that medical marijuana dispensaries must be nonprofit entities, state law allows for-profit businesses to also operate as medical marijuana dispensaries and therefore the town cannot restrict licenses to only nonprofit entities.
Wright's Case, 486 Mass. 98 (2020)
A workers’ compensation insurer cannot be compelled to pay for an employee's medical marijuana.
Federal
U.S. v. Hemani, 608 U.S. 772 (2026)
The U.S. Supreme Court unanimously held that the government cannot prosecute someone as a felon simply for using marijuana and owning a gun that is securely stored.
Web sources
Gun ownership for MMJ patients in Massachusetts?, MassachusettsCannabis.org.
It is legal for registered medical marijuana users in Massachusetts to possess guns, but they may not carry while under the influence.
Marijuana in multi-unit residential settings (PDF), Public Health Law Center, 2019.
"Answers to common questions about smoking or vaping marijuana in multi-unit residences, including federally subsidized housing."
Medical cannabis for Massachusetts veterans, MassachusettsCannabis.org
If you are a Massachusetts veteran, you can get certified for medical cannabis at a significant discount or even free through this website.
More About MJ.org, Mass. Cannabis Control Commission.
Resources with educational information regarding: Marijuana 101; health effects and safety; marijuana and pregnancy; how to talk to children and teens about marijuana; and growing marijuana and making products at home.
Print sources
General
Cannabis law: A primer on federal and state law regarding marijuana, hemp, and CBD, ABA, 2021. (eBook available with library card)
Marijuana and the law (Massachusetts practice series, v. 59) by Joseph D. Bernard, West, 2022.
Marijuana law in a nutshell by Mark K. Osbeck, West, 2022.
Marijuana law: A legal research guide by Carol A. Fichtelman, Hein, 2021.
Massachusetts cannabis law manual, MCLE, 2023.
Contact
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| Last updated: | October 16, 2026 |
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