A registered patient who lives in or is cared for by a hospice, a long-term care facility or a hospital can have a caregiver from that facility. The regulation sets a separate path for these places: the facility registers with the Commission, then registers each employee who will help patients.
Who counts as an institutional caregiver
An Institutional Caregiver is an employee of a hospice program, long-term care facility, or hospital providing care to a Registered Qualifying Patient on the premises of a long-term care facility, hospital or through a hospice program(state regulation).
A Caregiving Institution is a hospice program, long-term care facility, or hospital duly registered with the Commission(state regulation).
A visiting nurse, personal care attendant, or home health aide providing care to a Registered Qualifying Patient may serve as a Personal Caregiver(state regulation).
What the facility has to do
A hospice program, long term care facility, or hospital must obtain a Certificate of Registration as a Caregiving Institution before facilitating the medical use of marijuana to a Registered Qualifying Patient(state regulation).
The application includes a copy of the Caregiving Institution's current facility licensure or certification(state regulation).
A Caregiving Institution must apply for an Institutional Caregiver registration for all employees who will be facilitating a Registered Qualifying Patient's use of marijuana for medical purposes, and all such individuals must be 21 years of age or older(state regulation).
The application for each Institutional Caregiver includes a nonrefundable application fee, as required by the Commission(state regulation).
A Caregiving Institution must notify the Commission no more than one business day after an Institutional Caregiver ceases to be associated with it(state regulation).
A Registration Card for an Institutional Caregiver will be valid for one year from the date of issue(state regulation).
Source: 935 CMR 501.021, 501.022 and 501.145, Cornell Legal Information Institute, read November 5, 2026.| Rule | What the regulation says |
|---|
| Facility registration | The institution obtains a Certificate of Registration as a Caregiving Institution |
| Employee registration | The institution registers each employee who will facilitate patients' use, and each must be 21 or older |
| Several patients | An employee may serve as a caregiver for more than one registered patient at a time |
| Growing | An employee may not cultivate marijuana for a patient under the institution's care |
| Records | The institution keeps records on all marijuana it receives for a patient |
| Delivery | An Institutional Caregiver only receives delivery at the Caregiving Institution |
An employee of the Caregiving Institution may serve as a Caregiver for more than one Registered Qualifying Patient at one time(state regulation).
An employee of the Caregiving Institution may not cultivate marijuana for a Registered Qualifying Patient under the care of the institution(state regulation).
A Caregiving Institution must maintain records on all marijuana received by the institution on behalf of a Registered Qualifying Patient(state regulation).
An Institutional Caregiver shall only receive delivery at their Caregiving Institution(state regulation).
The patient still has to be registered
The regulation allows a certification valid for two years when a Certifying Healthcare Provider diagnoses a patient with a terminal illness, or permanent disability, after an in-person Clinical Visit(state regulation).
A patient who is not a Massachusetts resident can qualify when receiving end-of-life or palliative care or cancer treatment in Massachusetts, as determined by a Certifying Healthcare Provider(state regulation).
Under state law, an employee of a hospice provider, nursing or medical facility providing care to a qualifying patient may also serve as a personal caregiver(state law).
Questions to ask the facility
- Is the facility registered with the Commission as a Caregiving Institution?
- Is the staff member who will help registered as an Institutional Caregiver?
- Does the facility's own policy allow a registered patient to use medical marijuana there?
- Can a family member or home aide act as the patient's personal caregiver instead?
Short answers
Can a home health aide be my personal caregiver?
Yes. A visiting nurse, personal care attendant, or home health aide providing care to a Registered Qualifying Patient may serve as a Personal Caregiver(state regulation).
How old must an institutional caregiver be?
All such individuals must be 21 years of age or older(state regulation).
How long is an institutional caregiver card valid?
A Registration Card for an Institutional Caregiver will be valid for one year from the date of issue(state regulation).
Can a facility employee grow marijuana for a patient?
No. An employee of the Caregiving Institution may not cultivate marijuana for a Registered Qualifying Patient under its care(state regulation).
Advanced Dispensary in Peabody
Advanced Dispensary in Peabody is being built and has no opening date.
Sources
- "935 CMR 501.002, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "Institutional Caregiver means an employee of a hospice program, long-term care facility, or hospital providing care to a Registered Qualifying Patient on the Premises of a long-term care facility, hospital or through a hospice program."
- "935 CMR 501.002, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "Caregiving Institution means a hospice program, long-term care facility, or hospital duly registered currently and validly by the Commission, providing care to a Registered Qualifying Patient on the premises of the facility or through a hospice program."
- "935 CMR 501.002, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A visiting nurse, personal care attendant, or home health aide providing care to a Registered Qualifying Patient may serve as a Personal Caregiver"
- "935 CMR 501.021, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "a hospice program, long term care facility, or hospital shall obtain a Certificate of Registration as a Caregiving Institution"
- "935 CMR 501.021, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A copy of the Caregiving Institution's current facility licensure or certification from the Commonwealth of Massachusetts"
- "935 CMR 501.022, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A Caregiving Institution shall apply for an Institutional Caregiver registration for all employees that will be facilitating a Registered Qualifying Patient's use of Marijuana for medical purposes. All such individuals shall be 21 years of age or older."
- "935 CMR 501.022, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A nonrefundable application fee, as required by the Commission"
- "935 CMR 501.022, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A Caregiving Institution shall notify the Commission no more than one business day after an Institutional Caregiver ceases to be associated with the Caregiving Institution."
- "935 CMR 501.022, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A Registration Card for an Institutional Caregiver will be valid for one year from the date of issue"
- "935 CMR 501.021, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "An employee of the Caregiving Institution may serve as a Caregiver for more than one Registered Qualifying Patient at one time."
- "935 CMR 501.021, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "An employee of the Caregiving Institution may not cultivate Marijuana for a Registered Qualifying Patient under the care of the Caregiving Institution."
- "935 CMR 501.021, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A Caregiving Institution shall maintain records on all Marijuana received by the institution on behalf of a Registered Qualifying Patient"
- "935 CMR 501.145, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "An Institutional Caregiver shall only receive delivery at their Caregiving Institution."
- "935 CMR 501.010, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "A Certifying Healthcare Provider diagnoses a Qualifying Patient after an in-person Clinical Visit with a terminal illness, or permanent disability and certifies the patient for two years"
- "935 CMR 501.002, Cornell Legal Information Institute" (law.cornell.edu, read November 5, 2026): "a non-Massachusetts Resident receiving end-of-life or palliative care or cancer treatment in Massachusetts as determined by a Certifying Healthcare Provider"
- "M.G.L. c. 94I, section 1 (definitions)" (malegislature.gov, read November 5, 2026): "An employee of a hospice provider, nursing or medical facility providing care to a qualifying patient may also serve as a personal caregiver."