935 CMR, § 501.020

Current through Register 1536, December 6, 2024

Section 501.020 - Temporary and Annual Registration of Personal Caregivers

(1) A Personal Caregiver shall apply for a temporary or annual Registration Card according to the procedures set out in 935 CMR 501.020, unless otherwise provided by the Commission. An individual shall be granted a temporary or an annual Registration Card prior to serving as a Personal Caregiver for any Registered Qualifying Patient.

(2)Temporary Caregiver Registration Authorization.

(a) A temporary caregiver authorization will allow the Caregiver, during the interim period during which the patient has an effective and valid temporary Patient Registration Card, to serve as a caregiver to a Qualifying Patient and access MTCs and obtain medical-use Marijuana, Marijuana Products and MIPs on behalf of a patient before the patient and Caregiver are issued annual Registration Cards by the Commission.

(b) During the time a Qualifying Patient has a temporary Patient Registration Card pursuant to 935 CMR 501.015(3), the patient may authorize a Personal Caregiver, who is 21 years of age or older, as their temporary caregiver. To authorize an individual as a temporary caregiver, the patient shall complete the temporary caregiver authorization form, generated by the patient's healthcare provider or printed from the electronic patient portal by the patient, sign the form, and provide the authorization form to the designated caregiver.

(c) To access MTCs and obtain medical-use Marijuana, Marijuana Products and MIPs on behalf of a patient, the Caregiver shall present the patient's temporary Registration Card, a completed and signed temporary caregiver authorization form, and a government-issued identification document.

(d) MTCs are responsible for ensuring that Caregivers present proper documentation and verifying that the temporary Registration Card is valid, before the Caregiver accesses the MTC and purchases Marijuana, Marijuana Products or MIPs.

(e) It is the obligation of the MTC to track and dispense only the amount allowed for a 14-day Supply.

(f) To obtain an annual Registration Card after receiving a temporary Registration Card, a caregiver shall comply with 935 CMR 501.020(3) and complete the electronic registration process for review by the Commission.

(3)Annual Caregiver Registration Card. To obtain an annual Registration Card for a Personal Caregiver, a Registered Qualifying Patient shall submit, in a form and manner determined by the Commission, the following:

(a) The Personal Caregiver's full name, date of birth, address, telephone number, and email address if any, and a statement that the individual is 21 years of age or older;

(b) Full name, date of birth, and address of the Registered Qualifying Patient for whom the Personal Caregiver will be providing assistance with the use of Marijuana for medical purposes;

(c) A copy of the Personal Caregiver's driver's license, government issued identification card, or other verifiable identity document acceptable to the Commission;

(d) A statement of whether the Caregiver will be cultivating Marijuana for the patient, and at what address;

(e) Written acknowledgment by the Personal Caregiver of the limitations on his or her authorization to cultivate, possess, and dispense to his or her Registered Qualifying Patient, Marijuana for medical purposes in the Commonwealth;

(f) An attestation by the Personal Caregiver that he or she shall not engage in the diversion of Marijuana and that he or she understands that protections conferred by M.G.L. c. 941, for possession of Marijuana for medical use are applicable only within Massachusetts; and

(g) Any other information required by the Commission.

(4) An annual Registration Card will be valid for one year from the date of issue of the temporary Registration Card, unless otherwise specified by the Commission, and may be renewed, in a form and manner determined by the Commission, which includes, but is not limited to, meeting the requirements in 935 CMR 501.020(3). The Commission will accept Registration Cards validly issued prior to the Program Transfer. This Registration Card will remain valid until its one-year anniversary date or until a new Registration Card is issued by the Commission, whichever occurs first. On the issuance of a new Registration Card, the holder of the Registration Card shall destroy any previously issued Registration Card(s) in a responsible manner that would prevent it from being used as an identification or Registration Card.

(5) Except in the case of a visiting nurse, home health aide, personal care attendant, or Immediate Family Member of more than one Registered Qualifying Patient, an individual may not serve as a Personal Caregiver for more than five Registered Qualifying Patient at one time. If a Personal Caregiver wants to serve more than five patients, the Personal Caregiver must seek a waiver pursuant to 935 CMR 501.850.

(6) A Registered Qualifying Patient may designate up to two Personal Caregivers. A Personal Caregiver(s) may cultivate Marijuana on behalf of the Registered Qualifying Patient at only one location. Cultivation pursuant to a Hardship Cultivation Registration by a Personal Caregiver constitutes agreement to comply with the requirements of Hardship Cultivation Registration under 935 CMR 501.027.

(7) A Personal Caregiver may cultivate a limited number of plants sufficient to maintain a 60-day supply of marijuana for each Registered Qualifying Patient solely for that patient's use, except that under no circumstances may a Personal Caregiver cultivate plants in excess of 500 square feet of Canopy.

(8) A Registered Qualifying Patient may add a second caregiver or change Personal Caregiver(s) by providing notification in a form and manner determined by the Commission, and providing the information required in 935 CMR 501.020(3) for registration of Personal Caregivers.

(9) After obtaining a Registration Card, the Personal Caregiver is responsible for notifying the Commission, in a form and manner determined by the Commission, within five business days after any change to the information that his or her Registered Qualifying Patient was previously required to submit to the Commission, or after the Personal Caregiver discovers that their Registration Card has been lost or stolen.

(10) A Personal Caregiver shall carry his or her temporary or annual Registration Card at all times while in possession of Marijuana.