Education

In November 2016, Massachusetts voters passed Question 4, resulting in the adoption of Chapter 334 of the Acts of 2016, making the possession and personal cultivation of marijuana legal for all adults 21 years of age and older and creating a regulatory system to license for-profit, adult-use, marijuana businesses. The Massachusetts legislature immediately set out to revise that law, and on July 28, 2017, Governor Baker signed Chapter 55 of the Acts of 2017, amending the adult-use law passed by the voters.

Under the framework of the revised law, adult-use marijuana businesses are licensed by a five-member administrative body known as the Cannabis Control Commission (the “Commission”), which promulgated the regulations, guidelines, and protocols necessary for the issuance of adult-use marijuana business licenses on March 23, 2018. Adult-use marijuana sales are taxed at 20% (10.75% excise tax, 6.25% sales tax, and a 3% local option excise tax).

For additional information on the Adult-Use of Marijuana Program, visit the Commission’s website: https://mass-cannabis-control.com/

Consumers may possess up to one ounce of marijuana on their person, except that not more than five grams of marijuana may be in the form of marijuana concentrate. At home, consumers may possess up to 10 ounces of marijuana (and any marijuana produced by plants cultivated on the premises in accordance with plant limits). Individuals can only share or gift up to 1 ounce of marijuana, or 5 grams of marijuana concentrate, with adults ages 21 and over, without any form of compensation.

Any amount of marijuana or marijuana products over one ounce kept within an individual’s place of residence must be secured by a lock. The Boston Garden recommends that individuals always keep marijuana locked and secure away from children and pets. To ensure the quality of marijuana, store it in a dark, dry, and cool place.

The law allows an individual over 21 years of age to grow up to six plants in their home. If there are other individuals over 21 years of age living in the residence who wish to grow, the maximum number of plants that may be grown in a residence is 12 plants. The plants must be grown in an area that is equipped with a lock or security device. The plants cannot be visible from a public place without the use of binoculars, aircraft, or other optical aids. An individual cannot produce marijuana-based extracts or concentrates at home by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.

Like alcohol, consumers may not have an open container of adult-use marijuana/marijuana products in the passenger area of their car while on the road or at a place where the public has access. An “open container” includes a package with its seal broken or a package from which the contents have been partially removed. The “passenger area” does not include a trunk or a locked glove compartment. The 2017 Act does not change the existing penalties for operating a car if you are impaired by the use of marijuana or marijuana products.

Marijuana consumption is not permitted in public, and furthermore, consumption is not permitted in or around The Boston Garden’s facilities. Consumers are not allowed to traverse state lines with marijuana or marijuana products.

The documented use of marijuana dates back thousands of years. Marijuana comes in many different forms such as dried flower, oils, tinctures, topicals, and marijuana infused products (“MIPs”) in edible or concentrate form. Each strain of marijuana contains different types of cannabinoids with varying effects. The Boston Garden offers several different strains of marijuana to accommodate the needs of every consumer.

The marijuana plant is typically classified into four groups: Sativa, Indica, Hybrid, and Cannabidiol (“CBD”). Each group is made up of a variety of strains, all with different cannabinoid makeups or profiles:

  • Sativas are reported to increase energy and appetite while also elevating the consumer’s mood and focus. It is generally recommended for daytime use.
  • Indicas are reported to promote relaxation as well as reduce anxiety and promote sleep. Indicas are usually recommended for evening use.
  • Hybrids are produced when cultivators cross-breed different indica and sativa strains to maintain the desired traits and breed out the undesired traits to meet specific needs.
  • The first cannabinoid to be identified was Tetrahydrocannabinol (“THC”), which is known to produce psychoactive effects or the feeling of being “high.” Apart from its recreational use, it can be used to relieve pain, reduce vomiting and nausea, reduce inflammation, aid sleep, reduce muscle spasms, relieve anxiety, and stimulate the consumer’s appetite.
  • Cannabidiol (“CBD”) is another cannabinoid with varying benefits that produces very little to no psychoactive effects or “high.” Reported therapeutic uses include pain relief, killing or slowing bacteria growth, reducing blood sugar levels, reducing seizures, relieving anxiety, and inhibiting tumor and cancer growth.
  • Other cannabinoids such as Cannabichromene (“CBC”), Cannabigerol (“CBG”), Cannabinol (“CBN”), Tetrahydrocannabinolic Acid (“THCA”), and Tetrahydrocannabivarin (“THCV”) are reported to have varying benefits as well. Some of these benefits include suppression of appetite, aiding sleep, reducing risk of artery blockage, nervous system protectants, suppressing muscle spasms, modulating the immune system, and relieving pain.

The Boston Garden offers a broad range of products and is constantly updating its selection. Below is a description of the various marijuana products that will be offered at The Boston Garden dispensary locations.

Marijuana Flower for Smoking and Vaporizing

  • The Boston Garden will offer a wide variety of marijuana strains and products for consumers. Strains will be consistently available and reviewed on an ongoing basis based on feedback from consumers and overall demand.

Marijuana Infused Products (MIPs)

  • Edible products will be offered, such as chocolates and lozenges. Pills will be available and made from dried marijuana flowers or an infused glycerin gel. MIPs provide an alternative method for consuming marijuana. MIPs are an attractive alternative for consumers who are unwilling to smoke as they do not irritate the throat. In many cases, MIPs offer a longer lasting effect.

Tinctures

  • Tinctures are liquids, usually vegetable glycerin, that have been infused with marijuana over a period of time (anywhere from 30-180 days). The marijuana is strained from the liquid and then administered to the consumer using an eyedropper to place the liquid under the tongue. Tinctures are easy to administer, discreet, and are not intimidating for elderly consumers or consumers who have difficulty swallowing. Doses are easily measured and tend to be more consistent than edibles. Tinctures do not negatively impact the lungs.

Topicals

  • Ointments, sprays, lotions, transdermal patches, and balms that are beneficial for treating acute pain in different regions of the body. Topicals have a delayed onset effect but can last for up to eight (8) hours for some consumers. Topical treatments do not have any known negative effects on the lungs or throat. Lotions appeal to elderly consumers who are used to using lotions to treat arthritis or acute pain. Topical marijuana treatments generally have no psychoactive effect or “high,” but rather only a therapeutic effect on the consumer’s specific condition.

Concentrates

  • Varieties: Hash, oils, and waxes designed for consumers who prefer to smoke or vaporize small amounts of highly concentrated marijuana to receive the complete effect. Concentrates allow for a fast onset without the need to smoke excessive amounts of marijuana.

Paraphernalia

  • Classic vaporizers, portable vaporizers, vaporizer pens, volcano vaporizers, digital vaporizers, water pipes, smoking pipes, and rolling papers.
    Different forms of marijuana require different paraphernalia for consumption and use. The Boston Garden will offer a wide range of options allowing consumers to determine the consumption method that meet individual needs.

Related Supplies

  • Grinders, scales, rolling machines, rolling trays, rolling boxes, rolling mats, filters, flavoring for flowers, cleaning accessories, lighters, vaporizer replacement parts, air fresheners, air purifiers, storage jars, lock boxes and other secure or inconspicuous containers for storage of marijuana.
    These supplies will assist consumers with the storage, consumption, rationing, titration, and dosing of the various forms of marijuana. Marijuana container and storage supplies will ensure that the consumer’s marijuana is stored safely and securely.

There are many different ways to administer marijuana to achieve a desired effect, and there are a number of factors that impact the effects felt by each consumer. Marijuana is generally inhaled by smoking or vaping, or ingested orally in the form of tinctures, oils, edibles, or can be applied topically.

  • Smoking marijuana is the most popular consumption method and has the quickest effect. As the user inhales, the cannabinoids are introduced into the bloodstream, having an almost instant effect. The effects can last anywhere from ninety (90) minutes to several hours, and peak effects are usually felt after thirty (30) minutes. Vaporizing is an alternative way to inhaling marijuana. Rather than smoking, vaporizing or “vaping” involves heating the marijuana flower or concentrates to a temperature that produces vapor without combustion. Vaping eliminates many of the harmful carcinogens and tars that are often present in smoke. After smoking or vaping marijuana, consumers should wait at least thirty (30) minutes before increasing their dose.
  • Ingesting marijuana is a popular administration method for consumers who prefer not to smoke or vape and are looking for longer lasting effects. Usually, food products such as chocolates, lozenges, or capsules are infused with marijuana extracts that can be swallowed. These products are referred to as Marijuana Infused Products or “MIPs.” New users should start with a small dose and wait two (2) hours before increasing the dosage. Consumers should consult with their physicians regarding a proper marijuana dose for MIPs consumption.
  • Some consumers can achieve the desired effect of marijuana by topically applying infused products to their skin. With topicals, the marijuana is absorbed through the consumer’s skin in order to achieve the desire effect. Often, topicals do not produce psychoactive effects or a “high” for consumers.

  • Different products will vary in potency, cannabinoid profile, and effects. Consumers should experiment to find the ideal dose for their desired effects and are encouraged to keep a log of consumption, methods, and effects. A consumer’s tolerance will vary based on a variety of factors that including weight, body chemistry, and metabolism. All marijuana products will be lab tested and clearly labeled to ensure consistent dosing and packaging.
  • When consuming MIPs, it is important for consumers to wait the appropriate amount of time before consuming more to reach a desired effect. Consumers should start with a low dose and should not increase it until they know the impact and the timing it takes to reach such impact. A common mistake with MIPs consumption is taking too high of an initial dose. Such mistakes can be avoided if consumers “start low and go slow” and carefully monitor the effects.
  • When consuming MIPs, it is recommended that consumers do so on a full stomach in order to decrease the intensity of the effects. It is also recommended that marijuana should not be used in conjunction with alcohol or other drugs, and consumers should not operate a vehicle or machinery while using marijuana. For women who are pregnant, there may be additional health risks associated with consumption of marijuana. All consumers should consult with their physicians about health and safety risks associated with using marijuana.
  • The labels on marijuana products will outline the product’s cannabinoid profile and dosage information. Consumers should read the labels before purchasing and using marijuana to ensure they have the correct and desired products and doses. Consumers should consult an The Boston Garden agent if they have additional questions.

  • Marijuana products should be kept in their original childproof/tamperproof packaging and stored separately from other food.
  • Consumers should speak with a healthcare provider before using marijuana, especially if they are using medications.
  • Consumers have reported a variety of side effects associated with the use of marijuana including dry mouth, dizziness, paranoia, anxiety, slowed reactions times, and impaired motor skills. Side effects can vary for different consumers.
  • It is illegal to drive under the influence of marijuana (M.G.L. c.90, s.24).
  • The use of marijuana and marijuana products is strictly prohibited on the premises of The Boston Garden.
  • Marijuana should also be kept away from children and stored under lock and key to avoid accidental ingestion. Consumers need to always be responsible about safe storage of marijuana and marijuana products.

Although different drugs have different physical effects, the symptoms of addiction are similar. If you recognize the signs and symptoms of substance abuse, consider talking to someone about your drug use. Some examples of signs and symptoms of substance abuse are:

  • Neglecting responsibilities at school, work, or home because of drug use;
  • Using drugs under dangerous conditions or taking risks while high;
  • An increase in drug tolerance;
  • Taking drugs to avoid or relieve withdrawal symptoms, which may include nausea, sweating, shakiness, and extreme anxiety;
  • Causing problems in relationships;
  • Abandoning enjoyed activities;
  • Continue using drugs, despite knowledge of potential and actual harms; or
  • Losing control over drug use.

Physical dependence to marijuana has not been substantiated by extensive research, but frequent or heavy use of marijuana can lead to increased tolerance resulting in the need for higher doses and different strains. For additional information on tolerance, dependence, and withdrawal, visit https://drugabuse.com/marijuana-abuse/.

HelpGuide.org is a non-profit dedicated to improving mental and emotional health and provides resources to recognize abuse and addiction. HelpGuide provides a guide to common signs and symptoms of drug abuse and addiction.

Addictions signs include increased tolerance, using drugs to avoid withdrawal, life revolves around drug use, abandonment of activities previously found to be enjoyable, extended use, and loss of control. For more information about substance abuse and addiction, visit https://www.helpguide.org/home-pages/addictions.htm

The Massachusetts Substance Use Helpline can be reached at 800-327-5050. Resources are also available on the Massachusetts Use Helpline website – https://helplinema.org/

  • Staff and Resources. The Boston Garden’s agents are trained, highly knowledgeable and available to answer questions and provide additional resources about the use of marijuana. We encourage consumers to ask questions when they visit the dispensary, via telephone, and through our website.
  • Consultations. While most consumers will interact with The Boston Garden’s staff while purchasing their marijuana and marijuana products, The Boston Garden also offers individual appointments for in-depth, one-on-one discussions about different products, uses, and their application. The Boston Garden agents are also available to explain to a consumer how to use the products. Please note, however, that on-site consumption, even for demonstration purposes, is strictly prohibited on The Boston Garden’s premises.
  • Accommodation Services. The Boston Garden is committed to serving consumers with special needs. The Boston Garden offers interpreter services in several different languages, including for the visually- and hearing-impaired.

Overview
The Boston Garden is committed to providing the highest quality marijuana to its consumers. In furtherance of that commitment and in compliance with state law, The Boston Garden utilizes an independent testing laboratory to test samples from all of the marijuana that The Boston Garden produces. Such testing ensures that all marijuana and marijuana products are free from contaminants, such as mold, mildew, heavy metals, plant-growth regulators, and pesticides. The Boston Garden has a Quality Control Procedure in place to address test results showing contamination, which is described below.

Contamination Investigation Procedure
The Boston Garden will ensure that all marijuana and marijuana products for retail sale have been tested for the presence of contaminants, including but not limited to mold, mildew, heavy metals, plant-growth regulators, and pesticides. All such testing will be done by an independent laboratory with which The Boston Garden maintains a contractual relationship.

In the event that sampling test results indicate contamination, The Boston Garden will initiate its Contamination Investigation Procedure:

  1. The Boston Garden will internally document the initial contamination information, including:
    1. The batch number from which the tested sample was taken;
    2. The contaminant detected; and
    3. Date of sample test.
  2. If the contaminant is a material introduced by during cultivation or processing, The Boston Garden will review protocols and procedures for the application of such chemical to determine the cause of the presence of excessive testing levels. The results of such investigation will be recorded with the internal contamination documentation, and any necessary alterations to The Boston Garden procedure or infrastructure will be made to applicable The Boston Garden operational manuals or physically implemented, as necessary. Furthermore, The Boston Garden will implement any training or retraining on protocols related to the contamination, as applicable.
  3. If the contaminant is a foreign substance not intentionally introduced by The Boston Garden, The Boston Garden will undertake an investigation to determine the following:
    1. Where the contamination occurred;
    2. When the contamination occurred;
    3. The root cause of the introduction of the contaminant; and
    4. Remedial steps to prevent future contamination.

The results of such investigation will be recorded with the internal contamination documentation, and any necessary alterations to The Boston Garden procedure or infrastructure will be made to applicable The Boston Garden operational manuals or physically implemented, as necessary. Furthermore, The Boston Garden will implement any training or retraining on protocols related to the contamination, as applicable.

Based on The Boston Garden’s investigations of any contamination, The Boston Garden will determine all affected marijuana and immediately segregate and destroy all contaminated marijuana in accordance with The Boston Garden’s marijuana waste disposal procedures.

  • Marijuana has not been analyzed or approved by the FDA. There is limited information on the side effects of marijuana, and there may be health risks associated with using marijuana. Marijuana and marijuana products should be kept away from children and stored in such a way as to prevent access by anyone under the age of 21.
  • When under the influence of marijuana, driving is prohibited by M.G.L. c. 90, § 24, and machinery should not be operated.
  • Consumers may not sell marijuana to any other individual; only Marijuana Retailer Establishments licensed by the Commission may sell marijuana and marijuana products directly to consumers.
  • Selling marijuana to others is illegal and a first-time offense (under 50 pounds) may be punishable by up to 2 years imprisonment / $5,000 fine. Subsequent offenses may be punishable by up to 2.5 years imprisonment / $10,000 fine.
  • Possessing more than the legal limit (1 oz.) outside your home may be penalized by up to 6 months imprisonment / $500 fine.
  • Failure to keep marijuana and marijuana products in excess of one ounce locked up within the home may be punished by a civil penalty of up to $100 and forfeiture of the marijuana.
  • The civil penalty for consuming marijuana in public or smoking marijuana where smoking tobacco is prohibited is up to $100.
  • An individual may receive a civil penalty of up to $500 for having an open container of marijuana in the passenger area of a vehicle while on the road or at a place where the public has access.
  • An adult may not grow marijuana plants where the plants “are visible from a public place.” A violation of this section is punishable as a civil offense with a penalty not to exceed $300 and forfeiture of the marijuana.
  • A person who is at least 21 years of age and who cultivates more than 6 but not more than 12 marijuana plants or who possesses an amount of marijuana outside of his or her place of residence having a weight of more than 1 ounce but not more than 2 ounces shall be subject only to a civil penalty of not more than $100 and forfeiture of the marijuana not allowed.
  • Individuals who knowingly and intentionally supply, give, or provide marijuana, marijuana products, or marijuana accessories to a person, under 21 years of age, either for the person’s own use or for the use of the person’s parent or another person shall be subject to a civil penalty of not more than $2,000 or imprisonment for not more than one year or both the fine and imprisonment.
  • Individuals who knowingly and intentionally allow a person under 21 years of age (except for the children and grandchildren of the person charged) to possess marijuana, marijuana products, or marijuana accessories on premises or property owned or controlled by the person charged shall be subject to a civil penalty of not more than $2,000 or imprisonment for not more than one year or both the fine and imprisonment.
  • An individual under 18-20 years of age (unless a patient with a registration card for medical use of marijuana) that purchases or tries to purchase marijuana, marijuana products, or marijuana accessories shall be subject to a civil penalty of not more than $100 and completion of a drug awareness program.
  • An individual under 18 years old that purchases or tries to purchase marijuana, marijuana products, or marijuana accessories shall be subject to a civil penalty of not more than $100, completion of a drug awareness program, and notification of parent or legal guardian. Failure to complete drug awareness program within one year of offense may be basis for delinquency proceedings.
  • An individual 18-20 years of age that alters, defaces, or otherwise falsifies identification (ID) offered as proof of age with the intent of purchasing marijuana, marijuana products, or marijuana accessories shall be subject to a civil penalty of not more than $100 and completion of a drug awareness program.
  • An individual under 18 years old that alters, defaces, or otherwise falsifies ID offered as proof of age with the intent of purchasing marijuana, marijuana products, or marijuana accessories shall be subject to a civil penalty of not more than $100, completion of a drug awareness program, and notification of parent or legal guardian. Failure to complete drug awareness program within one year of offense may be basis for delinquency proceedings.
  • Individuals who knowingly and intentionally allow a person under 21 years of age (except for the children and grandchildren of the person charged) to possess marijuana, marijuana products, or marijuana accessories on premises or property owned or controlled by the person charged shall be subject to a civil penalty of not more than $2,000 or imprisonment for not more than one year or both the fine and imprisonment.