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Burning Questions

By VALERIE VANDE PANNE  |  January 15, 2013 






My boyfriend has a medical-marijuana card from California. Will dispensaries in Massachusetts accept that? Can he legally grow his own plants here in Massachusetts now that medical-marijuana legislation has passed?

WESTERN SMOKER, EASTERN LOVER

"At this time, in order to use, possess, and cultivate your own 60-day supply of marijuana, you only need a written certification from your doctor," says Shaleen Title, associate at Vicente Sederberg, a Colorado-based law firm that just opened an office in Boston. "The Massachusetts medical-marijuana law requires that this certification be signed by a licensed physician, but it's silent as to whether that physician needs to be licensed in Massachusetts."

Title also advises that your boyfriend be mindful that his California physician's certification follows all Massachusetts requirements, including specifying the ailment he uses marijuana for, and that the potential benefits of marijuana outweigh its risks.

While his California patient card probably doesn't have that info, his physician could write a certification meeting Massachusetts's requirements.

But before growing, "First you get your certification," says Dick Evans, of Evans Cutler, a Northampton-based law firm specializing in medical marijuana. "Then you can cultivate in an enclosed, locked facility, but you can't cultivate more than a 60-day supply."

"When the regulations are issued and an application process for a patient registration card is put in place, the answer will be clearer," says Title, pointing out that all this can change, once the Massachusetts Department of Public Health has issued its regulations.

For now, following the initiative and being discreet will help avoid unnecessary trouble.

Read more: http://thephoenix.com/boston/news/150225-california-pot-rx-legal-in-ma/#ixzz2IFbfkxAW

 
 
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An Arizona appellate court has ruled that the Yuma County sheriff must return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

The Court of Appeals' ruling Thursday says medical marijuana seized from Valerie Okun must be returned to her because Arizona's medical marijuana law allows people with medical marijuana authorizations from other states to legally possess marijuana in Arizona.

The marijuana was found Okun's vehicle at a Border Patrol checkpoint near Yuma. State drug charges against her were dismissed after she showed she had authorization under California's medical marijuana program.

The Arizona court declined to consider prosectors' argument that federal drug law invalidates Arizona's medical marijuana law.

The Court of Appeals' ruling upholds one by a Yuma County Superior Court judge.

http://azdailysun.com/news/state-and-regional/ariz-ruling-orders-return-of-medical-marijuana/article_6baafcb7-9523-54b3-8660-6b36c1370b86.html