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Summary of Question 3
This proposed law would eliminate state criminal and civil penalties for the medical use of marijuana by qualifying patients. To qualify, a patient must have been diagnosed with a debilitating medical condition, such as cancer, glaucoma, HIV-positive status or AIDS, hepatitis C, Crohn's disease, Parkinson's disease, ALS, or multiple sclerosis. The patient would also have to obtain a written certification, from a physician with whom the patient has a bona fide physician-patient relationship, that the patient has a specific debilitating medical condition and would likely obtain a net benefit from medical use of marijuana. The proposed law would allow patients to possess up to a 60-day supply of marijuana for their personal medical use. The state Department of Public Health (DPH) would decide what amount would be a 60-day supply. A patient could designate a personal caregiver, at least 21 years old, who could assist with the patient's medical use of marijuana but would be prohibited from consuming that marijuana. Patients and caregivers would have to register with DPH by submitting the physician's certification. The proposed law would allow for non-profit medical marijuana treatment centers to grow, process and provide marijuana to patients or their caregivers. A treatment center would have to apply for a DPH registration by (1) paying a fee to offset DPH's administrative costs; (2) identifying its location and one additional location, if any, where marijuana would be grown; and (3) submitting operating procedures, consistent with rules to be issued by DPH, including cultivation and storage of marijuana only in enclosed, locked facilities. A treatment center's personnel would have to register with DPH before working or volunteering at the center, be at least 21 years old, and have no felony drug convictions. In 2013, there could be no more than 35 treatment centers, with at least one but not more than five centers in each county. In later years, DPH could modify the number of centers. The proposed law would require DPH to issue a cultivation registration to a qualifying patient whose access to a treatment center is limited by financial hardship, physical inability to access reasonable transportation, or distance. This would allow the patient or caregiver to grow only enough plants, in a closed, locked facility, for a 60-day supply of marijuana for the patient's own use. DPH could revoke any registration for a willful violation of the proposed law. Fraudulent use of a DPH registration could be punished by up to six months in a house of correction or a fine of up to $500, and fraudulent use of a registration for the sale, distribution, or trafficking of marijuana for non-medical use for profit could be punished by up to five years in state prison or by two and one-half years in a house of correction. The proposed law would (1) not give immunity under federal law or obstruct federal enforcement of federal law; (2) not supersede Massachusetts laws prohibiting possession, cultivation, or sale of marijuana for nonmedical purposes; (3) not allow the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana; (4) not require any health insurer or government entity to reimburse for the costs of the medical use of marijuana; (5) not require any health care professional to authorize the medical use of marijuana; (6) not require any accommodation of the medical use of marijuana in any workplace, school bus or grounds, youth center, or correctional facility; and (7) not require any accommodation of smoking marijuana in any public place. The proposed law would take effect January 1, 2013, and states that if any of its part were declared invalid, the other parts would stay in effect.

2012 - Berkshire County - Question 3Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 1, 2012?

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Berkshire County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
40,695
20,332
3,805 64,832
Adams More »
 
2,340
1,409
182
3,931
Alford
 
224
69
13
306
Becket
 
709
227
39
975
Cheshire
 
1,066
610
85
1,761
Clarksburg
 
483
341
41
865
Dalton More »
 
1,989
1,322
106
3,417
Egremont
 
597
197
50
844
Florida
 
240
114
39
393
Great Barrington More »
 
2,424
1,047
150
3,621
Hancock
 
241
116
26
383
Hinsdale
 
669
339
59
1,067
Lanesborough
 
1,017
529
66
1,612
Lee
 
1,808
1,022
170
3,000
Lenox
 
1,833
1,034
212
3,079
Monterey
 
367
143
26
536
Mount Washington
 
88
17
5
110
New Ashford
 
100
44
11
155
New Marlborough
 
600
211
31
842
N. Adams More »
 
3,645
1,710
456
5,811
Otis
 
566
236
32
834
Peru
 
335
128
12
475
Pittsfield More »
 
12,284
6,490
1,409
20,183
Richmond
 
589
293
63
945
Sandisfield
 
310
132
19
461
Savoy
 
229
115
15
359
Sheffield
 
1,227
525
90
1,842
Stockbridge
 
804
329
84
1,217
Tyringham
 
147
101
13
261
Washington
 
208
100
12
320
W. Stockbridge
 
506
235
148
889
Williamstown More »
 
2,703
984
123
3,810
Windsor
 
347
163
18
528
County Totals
40,695
20,332
3,805 64,832