Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 501.000 - Medical Use Marijuana
Section 501.025 - Responsibilities of Caregivers
Universal Citation: 935 MA Code of Regs 935.501
Current through Register 1531, September 27, 2024
(1) Personal Caregivers.
(a) A Personal Caregiver may:
1. Transport a Registered Qualifying Patient
to and from an MTC;
2. Obtain and
transport Marijuana from an MTC on behalf of a Registered Qualifying
Patient;
3. Cultivate Marijuana,
subject to the plant limitations of 935 CMR 501.027(8), on behalf of a maximum
of one Registered Qualifying Patient who has not obtained a Hardship
Cultivation Registration, unless the Personal Caregiver is a visiting nurse,
personal care attendant, or home health aide serving as a Personal
Caregiver;
4. Cultivate Marijuana
on behalf of one or more Registered Qualifying Patients who have obtained a
Hardship Cultivation Registration, unless the Personal Caregiver is a visiting
nurse, personal care attendant, or home health aide serving as a Personal
Caregiver;
5. Prepare Marijuana for
consumption by a Registered Qualifying Patient; and
6. Administer Marijuana to a Registered
Qualifying Patient.
7. Receive
reimbursement for reasonable expenses incurred in the provision of services as
a Caregiver, including transportation and cultivation expenses directly related
to the care of a Registered Qualifying Patient, so long as the expenses are
documented and available for inspection by the Commission on request. A
Caregiver may not receive reimbursement or payment for the Caregiver's time. In
the case of an individual who serves as a Personal Caregiver for more than one
Registered Qualifying Patient, the individual may receive partial reimbursement
from multiple patients so long as the total reimbursement received does not
exceed the Caregiver's total documented expenses.
(b) A Personal Caregiver may not:
1. Consume, by any means, Marijuana that has
been dispensed to or cultivated on behalf of a Registered Qualifying
Patient;
2. Sell or otherwise
divert Marijuana that has been dispensed to or cultivated on behalf of a
Registered Qualifying Patient;
3.
Unless otherwise authorized by law or by the Commission, cultivate Marijuana
for the Personal Caregiver's own use;
4. Unless otherwise authorized by law,
cultivate Marijuana for purposes of selling or providing Marijuana to anyone
other than the Registered Qualifying Patient;
5. Allow a Registered Qualifying Patient who
is younger than 18 years old to possess Marijuana at any time when not in the
presence of the Personal Caregiver;
6. Cultivate Marijuana for Registered
Qualifying Patient if the Personal Caregiver is a visiting nurse, personal care
attendant, or home health aide serving as a Personal Caregiver;
7. Offer a discount or any other thing of
value to a Registered Qualifying Patient based on the representation that a
patient will use a particular product or MTC;
8. Directly or indirectly accept or solicit
from an MTC, a board member or Executive of an MTC, any MTC personnel, or any
other individual associated with an MTC, anything of value based on the
representation that a Registered Qualifying Patient will use a particular
product or MTC;
9. Receive payment
or other compensation for services rendered as a Personal Caregiver other than
reimbursement for reasonable expenses incurred in the provision of services as
a Caregiver; provided however, that a caregiver's time is not considered a
reasonable expense. In the case of a visiting nurse, personal care attendant,
or home health aide serving as a Personal Caregiver, such individual may not
receive payment or compensation above and beyond their regular wages;
or
10. Participate in paid
advertising.
(c) A
Personal Caregiver shall notify the Commission within five calendar days upon
the death of a Personal Caregiver's Registered Qualifying Patient.
(d) A Personal Caregiver engaging in
cultivation for a Registered Qualifying Patient shall
1. Maintain a log of the costs associated
with growing and make that log available to the Commission upon
request;
2. Provide annual written
notice of the Personal Caregiver's cultivation conditions to the Registered
Qualifying Patient and additional written notice of any change to those
conditions.
(e) A
Personal Caregiver engaging in Hardship Cultivation shall comply with all
applicable municipal or state requirements for electrical usage and fire
safety, and shall document its fire safety plan and electrical and fire
inspections.
(2) Institutional Caregivers.
(a) An Institutional Caregiver may:
1. Receive Marijuana delivered to the
Caregiving Institution for a Registered Qualifying Patient;
2. Prepare Marijuana for consumption by a
Registered Qualifying Patient; and
3. Administer Marijuana to a Registered
Qualifying Patient or facilitate consumption of Marijuana for medical use by
the Qualifying Patient.
(b) An Institutional Caregiver may not:
1. Consume, by any means, Marijuana that has
been dispensed to or cultivated on behalf of a Registered Qualifying
Patient;
2. Sell, provide, or
otherwise divert Marijuana that has been dispensed to or cultivated on behalf
of a Registered Qualifying Patient;
3. Cultivate Marijuana for a Registered
Qualifying Patient;
4. Allow a
Registered Qualifying Patient who is younger than 18 years old to possess
Marijuana at any time when not in the presence of a Caregiver;
5. Receive payment or compensation above and
beyond his or her regular wages; or
6. Participate in paid advertising
(c) An Institutional Caregiver
shall notify their employing Caregiving Institution of any changes in his or
her registration information within 24 hours of the change.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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