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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 - Franklin 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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Franklin County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
26,062
10,443
1,521 38,026
Ashfield
 
876
219
35
1,130
Bernardston
 
710
401
70
1,181
Buckland
 
636
375
44
1,055
Charlemont
 
446
173
24
643
Colrain
 
617
247
29
893
Conway
 
956
274
30
1,260
Deerfield
 
2,000
927
109
3,036
Erving
 
519
229
30
778
Gill
 
609
249
42
900
Greenfield More »
 
5,762
2,308
404
8,474
Hawley
 
143
48
10
201
Heath
 
290
131
14
435
Leverett
 
994
218
30
1,242
Leyden
 
314
133
16
463
Monroe
 
32
19
2
53
Montague More »
 
2,947
1,154
152
4,253
New Salem
 
408
177
23
608
Northfield
 
1,066
520
52
1,638
Orange More »
 
1,964
1,132
173
3,269
Rowe
 
150
81
12
243
Shelburne
 
823
274
55
1,152
Shutesbury
 
1,037
186
36
1,259
Sunderland
 
1,324
496
57
1,877
Warwick
 
311
123
24
458
Wendell
 
468
78
15
561
Whately
 
660
271
33
964
County Totals
26,062
10,443
1,521 38,026