Can recreational, medical marijuana co-exist?

By Mike Gleason

With a state ballot initiative nearing - and polls showing solid support - the recreational use of marijuana seems closer to legalization than ever.

A poll conducted earlier this month by Western New England University had 57 percent of respondents in favor of the legalization measure put forward by the Committee to Regulate Marijuana like Alcohol, with 35 percent opposed.

If these numbers hold, and the initiative passes, what would become of the state's medical marijuana program? Will the infrastructure set up in the wake of the overwhelming 2012 vote in favor of allowing the same of pot for medicinal purposes be swept aside when marijuana is available without a doctor's prescription?

Those involved in the medical industry don't believe it will, pointing to a number of factors - cost, acceptability and differences in the product itself - where they still have an advantage.

"Medical marijuana is here to stay. We have a good law, and a lot of patients," said Boston attorney Valerio Romano, who represents the Millis-based Commonwealth Cannabis Company, or CommCan. That business has sought to place growing facilities in Southborough and Medway and a dispensary in Framingham. "I don’t see (recreational marijuana) as a concern."

When legal recreational marijuana comes along, Romano said, the medical product will have a price advantage. While the recreational form will be subject to taxes, the state has determined that medical marijuana should not have a sales tax imposed on it.

Furthermore, he said, strains of the plant grown for medicinal purposes tend to emphasize cannabidiol (CBD), as opposed to the tetrahydrocannabinol (THC), which is commonly associated with recreational use.

"CBD is definitely one of the things that is not as attractive to non-medical (users), though it’s not unheard of," he said.

He did note, though, that THC does have therapeutic uses. Those suffering from post-traumatic stress disorder, for example, may find its properties helpful.

"It’s all over the map, as far as what helps whom," he said.

However, he added that the likelihood of people self-medicating with recreational marijuana - bypassing the need for a prescription - would not increase with legalization.

"Right now, today, if people want to, they can get marijuana and circumvent the medical marijuana process," he said. "Is it hard to get? No."

Steve Angelo, the executive director of Beacon Compassionate Care, said his company - which is looking to build a medical dispensary in Framingham - had not given much thought to the legalization measure. He said his focus was on medical implementation, something he said has moved slowly.

"From our perspective, we’re squarely focused on the medical program," he said. "We haven’t spent a bunch of time weighing the pros and cons. We’re focused on our patients."

         "There’s a hundred different directions the federal government could go or the state government  could go, and they’re all out of our control," he added.

The petitioners who added the initiative to November's ballot also seem skeptical of any radical shift. Jim Borghesani, spokesman for the Committee to Regulate Marijuana like Alcohol, said he saw the two systems as fundamentally different.

"It would continue as it is now," he said. "There would be separate application and permitting systems."

He said he was unsure what impact, if any, having marijuana available without a prescription would have on the industry.

"I think medical dispensaries may offer a wider range of products," he said.

And what of the states that have legalized recreational marijuana already? Consider Colorado, which had a medical marijuana apparatus in place before its first legal recreational sale in 2014.

Larry Wolk, the executive director and chief medical officer of the Colorado Department of Public Health and the Environment, said it appeared legalization had little effect on the medical side. He noted, though, that he was unsure as to the specifics of Massachusetts' system, and could not say if it would experience the same results.

He attributed the resiliency of medical marijuana to cost, accessibility and laws.

"Medical marijuana is not subject to excise tax," he said. "Legal marijuana is taxed at the local and state level, so it’s at least 25 percent more expensive. That creates an incentive for medical patients to stay in the system."

Wolk said that Colorado laws also allow people as young as 18 to use the drug medicinally. Recreational users must be at least 21 years old.

There is the matter of limits on possession as well. Wolk said recreational users are limited to an ounce of marijuana, while patients may possess two ounces, or – if a doctor signs a note – even more.

Indeed, Wolk said, the number of medical marijuana users actually increased after legalization took hold.

"There was a bit of a spike… about a three to five percent increase that has since leveled off," he said. "We peaked at close to 125,000 patients, though we’re down to 110,000 currently."

Angelo, noting that there are states with robust medical and recreational marijuana programs, said he, personally, did not oppose the ballot question.

"I believe adults have the right to choose," he said. "Certainly, marijuana is less harmful than things like alcohol."