Regulations introduced as medical marijuana sales plunge from 2023 levels
STATE HOUSE, BOSTON, Oct. 26, 2026…..Cannabis regulators are eyeing rules to eliminate residency requirements for purchasing medical marijuana in an attempt to make the product easier for out-of-state patients to buy.
“Simply put, it is a really effective way and a thoughtful way for us to give medical patients across the country more access to treatment for any of the reasons that they’re using marijuana for medicinal purposes,” Cannabis Control Commissioner Xiomara DeLobato told the News Service.
Under a regulatory proposal introduced at an Oct. 22 CCC meeting, individuals 18 and over – regardless of what state they live in – diagnosed with a “debilitating medical condition” by a certified healthcare provider in Massachusetts can register to purchase medical marijuana. Those under 18 who have been diagnosed with a debilitating condition that is also considered a “life-limiting illness” and certified by two healthcare providers can get medical marijuana.
Massachusetts Remains One of Two New England States Without Nonresident Access
Forty-one states and the District of Columbia allow medical marijuana use, as of June 2025, according to the National Conference of State Legislatures. And if the regulations are passed, the Bay State would join many others including New Hampshire, Rhode Island, Connecticut, New York and Maine, that allow non-residents to get medical marijuana. Massachusetts and Vermont are the only New England states that don’t allow non-residents to access medical marijuana.
Jeremiah MacKinnon, president and executive director of the Massachusetts Patient Advocacy Alliance, said the proposed regulations mark “a step in the right direction to modernize our medical program.”
“We have such a robust healthcare system here in Massachusetts that people travel from other states to get surgeries, and whether it’s tourism or visiting family or other situations, if an individual wants to seek continuity of their care, accessing medical marijuana, this is a great pathway because it allows them to continue to access medical marijuana tax-free,” MacKinnon told the News Service.
Also, he said proposal could help get more needed dollars flowing to the state’s medical marijuana industry.
“For the past few years, the medical marijuana market has been struggling, and so to expand the pool of patients that are able to access medical marijuana in the state, I think is a positive thing for the health and long-term stability of the industry,” MacKinnon said.
Medical marijuana products are not taxed in Massachusetts and adult-use cannabis products are available to anyone, from any state, over 21. Recreational cannabis products are subject to a 6.25% state sales tax and a 10.75% excise tax while municipalities that host licensees can receive a local option tax of up to 3%. As of September, the industry has generated $2 billion in state and local taxes since it was enacted in 2016.
Medical Marijuana Sales Have Fallen From 2023 Levels
According to CCC data, year-to-date medical marijuana sales to patients and caregivers have fallen from $17.9 million in September 2023 to $11.2 million last month.
Ryan Dominguez, executive director of the Massachusetts Cannabis Coalition, said the regulations would create an avenue for out-of-state patients to get marijuana products they may need in Massachusetts if voters here next month support Question 8 repealing the state’s recreational cannabis market.
Patrick Nestor, a spokesperson for the campaign supporting the ballot question, declined to comment on the proposed regulations.
The proposed regulations are similar to a Senate-approved measure recognizing patient registrations in other states for medical marijuana prescriptions. After talks with the House, that provision was dropped from the bill (H 5350) lawmakers sent to Gov. Maura Healey, which she signed into law in April.
DeLobato said that commissioners plan to take an initial vote on the regulations on Dec. 10. Then, the commission will take public comments on the regulations from Jan. 1 to Feb. 2 before making any changes and taking a final vote.
