Mass. Gen. Laws ch. 94D, sec. 2 — MA Code / Part I / Title XV / Chapter 94D / Section 2
Therapeutic research program
Status: in_force

Section 2. There shall be in the department a therapeutic research program, hereinafter called the program, to conduct research and monitor experimentation in the use of marijuana as a therapeutic modality in alleviating the nausea and ill-effect of cancer chemotherapy and radiation therapy, in decreasing intraocular pressure in glaucoma patients, and in decreasing airway resistance in asthmatics. Participation in the program shall be limited to patients with respect to whom a physician has certified the following: that the patient is threatened by loss of life or sight, or asthmatics who experience severe respiratory problems or discomfort; that the patient is not responding to or has incurred severe side effects from the administration of conventional controlled substances; and that the patient has given in writing his informed consent based upon information about the nature, duration, and purpose of the research, the method and means by which it is to be conducted, the inconveniences and hazards reasonably to be expected, and the effects upon the patient's health or person which may reasonably be expected to come from his participation. The department shall contract with the national institute on drug abuse, the national cancer institute or any other manufacturer, distributor or analytical laboratory for the receipt of analyzed marijuana, as defined by the department, for distribution to an approved patient upon the written prescription of a physician. Any such program shall comply with all applicable federal and state laws. For the purpose of implementing this act the commissioner shall make such rules and regulations as may be necessary.

Section 2. There shall be in the department a therapeutic research program, hereinafter called the program, to conduct research and monitor experimentation in the use of marijuana as a therapeutic modality in alleviating the nausea and ill-effect of cancer chemotherapy and radiation therapy, in decreasing intraocular pressure in glaucoma patients, and in decreasing airway resistance in asthmatics.

Participation in the program shall be limited to patients with respect to whom a physician has certified the following: that the patient is threatened by loss of life or sight, or asthmatics who experience severe respiratory problems or discomfort; that the patient is not responding to or has incurred severe side effects from the administration of conventional controlled substances; and that the patient has given in writing his informed consent based upon information about the nature, duration, and purpose of the research, the method and means by which it is to be conducted, the inconveniences and hazards reasonably to be expected, and the effects upon the patient's health or person which may reasonably be expected to come from his participation.

The department shall contract with the national institute on drug abuse, the national cancer institute or any other manufacturer, distributor or analytical laboratory for the receipt of analyzed marijuana, as defined by the department, for distribution to an approved patient upon the written prescription of a physician. Any such program shall comply with all applicable federal and state laws.

For the purpose of implementing this act the commissioner shall make such rules and regulations as may be necessary.