New Medical Marijuana Rules Start Jan. 1

As municipalities across Massachusetts await medical marijuana regulations from the State Department of Public Health, the Boston City Council is preparing the city the best it can for medical marijuana come Jan. 1.

The state has a 120-day window starting Jan. 1 to create regulations for medical marijuana dispensaries, but the state law states medical marijuana dispensaries can be opened on Jan. 1. The state law also says anyone who receives a prescription from their physician can then legally grow their own marijuana.

District 5 City Councilor Rob Consalvo, chair of the Committee on Public Safety, said the city is continuing to work on creating zoning to allow medical marijuana dispensaries. Consalvo has said medical marijuana dispensaries should go in medical areas where people get treatment. The Boston Redevelopment Authority recently created the language and definition of medical marijuana dispensaries, said Consalvo, during Wednesday's weekly Boston City Council meeting. 

But District 2 City Councilor Bill Linehan issued his concerns about the new law.

"As of January 1, if your doctor gives you a note for marijuana you can grow marijuana yourself and use it," Linehan said. "The police find it difficult to deal with. The State Department of Public Health is coming up with those regulations, and it doesn’t seem like those regulations will happen quickly."

Linehan said the council needs to keep an eye out for medical marijuana dispensaries popping up in areas the eventual zoning code will not allow: residential areas, near schools or daycare centers. 

"There’s a lot of flaws and openings," Linehan said. "We need to stay right on top of this."

Consalvo said the matter will carry into the New Year, and there will be at least one more public hearing before any text amendment to Boston's zoning code moves forward.