Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Section 34 of chapter 94C of the General Laws is hereby amended by adding the following paragraph:-
It shall be a prima facie defense to a charge of possession of marihuana under this section that the defendant is a patient certified to participate in a therapeutic research program described in chapter ninety-four D, and possessed the marihuana for personal use pursuant to such program.
SECTION 2. The commissioner of public health, within one hundred and eighty days of the effective date of this act, shall promulgate rules and regulations to establish such therapeutic research program. No less than thirty days before promulgating such rules and regulations, the commissioner shall submit such proposed regulations to the committees on health care and criminal justice. Said rules and regulations shall address, but not be limited to, matters of supervision, reporting, supply, and appropriate location of use.