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Mass. medical cannabis patients and state clash over use in parks

05-29-2025




Years before the term "social consumption" existed, Massachusetts residents would toke on a joint — their medicine, as they called it — while roaming state parks and trails.

  • In recent years, they say, it seemed that state regulations had come down in their favor.

Why it matters: Citing state regulations that they say allow cannabis use in parks, medical patients are forging a path for safe, discreet consumption while regulators are still debating what cannabis lounges would look like.

  • Except it's not legal. At least that's what the Department of Conservation and Recreation says, citing the same regulations.

State of haze: The Massachusetts Patient Advocacy Alliance started hosting "Toke & Trail" meetups at state parks in 2024, seeing a carveout in DCR regulations for medical cannabis.

  • The meetups have drawn a dozen or more patients, who find secluded picnic tables or corners to smoke or walk along the trails.

  • "Places like DCR parks can kind of create pathways for patients to use their medicine," says Jeremiah MacKinnon, president and executive director of the MPAA.

Reality check: Medical patients in Massachusetts can buy cannabis, but that doesn't mean they're free to consume it anywhere.

  • Consuming can be increasingly difficult for those in public housing or in rentals where landlords prohibit smoking.

Friction point: DCR regulations do not allow smoking or marijuana possession, "unless for duly authorized medical use."

  • A DCR spokesperson said the "authorized medical use" only clears possession — not consumption.

  • The DCR also pointed to the Cannabis Control Commission's guidance stating, "You cannot use medical marijuana in any form—including smoking, vaping, or eating—in public places or on federal land."

  • The MPAA, however, says the phrase "authorized medical use" clears them.

  • A ranger once confronted the group at one of its meetups, only to relent once MacKinnon pulled out a clipboard and showed that phrase in the regs.

What's next: The commission is reviewing draft social consumption regulations, though they do not currently spell out parameters for smoking in state parks or trails.

  • "Public safety has been a main focus in the process of creating the new social consumption licenses, and that includes a goal of reducing potentially illicit consumption in public spaces," a CCC spokesperson said in a statement to Axios.

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