The Massachusetts Cannabis Control Commission, which oversees a maturing adult-use and medical market, is in upheaval just as it is approving new social equity and host community regulations. Earlier this summer, CCC Chair Shannon O’Brien prematurely announced the departure of the commission’s executive director, followed by her own suspension on Sept. 14.
“We are in crisis right now as a commission,” O’Brien said during a July 28 commission meeting.
O’Brien explained that CCC Executive Director Shawn Collins had informed her that he planned to leave his position back in May, but that she decided to wait to inform her fellow commissioners so as to not cause a panic considering that the CCC also needs to hire a new chief people officer and general counsel while they are also in the middle of a major regulatory writing process.
That announcement, made in Executive Director Shawn Collins’ absence, was the first that the other four commissioners had heard of the supposed departure. Despite Collins telling various media outlets at a public event that he is still employed by the CCC, he has not attended any of the commission’s meetings since the announcement.
After five years of adult-use sales, the Bay State is maturing as a legal weed market. Last summer the CCC’s first chair, Steven Hoffman, resigned with months left on his five-year term. He was replaced by O’Brien, a former state treasurer.
Massachusetts legislators call for greater oversight
In the wake of O’Brien’s suspension and ongoing other problems with the commission, state Sen. Michael A. Moore sent an open letter to the legislature’s Joint Committee on Cannabis Policy calling for greater oversight of the CCC.
“As we all know, the Cannabis Control Commission is not performing as it should,” wrote Moore.”Our constituents, media reports, and even the actions and words of the CCC itself have repeatedly made clear that action is desperately needed to bring oversight, transparency, and accountability to the CCC.”
Moore is looking for an explanation for O’Brien’s suspension, as well as more information about aggressive investigations at testing labs and why the commission has been meeting in executive mediation sessions to find common ground between the commissioners and staff leadership on a new governance structure.
Moore also seeks clarification of the CCC’s communications policies after blogger Grant Smith-Ellis claimed, on Aug. 7, he had been informed that CCC press staff would no longer be responding to any communications from him. Smith-Ellis has a history of critically covering the CCC. The commission has neither commented on nor confirmed Smith-Ellis’ freeze out, but it did release a statement a month later, disputing his coverage of the CCC’s internal workings.
On a related note, Moore is asking for information about how the CCC accidentally released private personnel data last spring to Smith-Ellis before he had been stripped of press credentials.
Aside from Moore, two more state senators and two state representatives also signed onto the letter.
Treasurer Deborah Goldberg has not appointed an interim chair or given an official reason for O’Brien’s suspension. State law only allows five scenarios for a commissioner to be removed: being found guilty of malfeasance, substantially neglecting their duties as commissioner, being unable to discharge the duties of office, gross misconduct or a felony conviction.
After her suspension, O’Brien told the Boston Globe that she described the CCC at the time of her appointment as being “riddled with internal discord, lack of accountability and infighting.”
Collins is actually still employed but has not participated in recent CCC hearings and reportedly remains on parental leave. He affirmed his employment standing in an interview at a public event on August 29.
CCC finalizes new cannabis rules
Typically, the CCC holds meetings once a month, but numerous meetings have occurred in just the last 30 days because the commission was working on finalizing a new set of regulatory updates.
Those updates include new rules for host community agreements (HCAs). Under existing regulation, Cannabis operators must sign deals with the municipality in which they exist detailing how the company will give back to the community. This typically involves a direct payment of up to 3% of gross sales to the local town or city for no more than five years, but the municipality also has to justify those payments with data showing a negative impact from the company’s presence.
Under the new regulations, existing HCAs would be part of what the CCC reviews when considering annual license renewals. Municipalities must submit detailed information about HCA payments and how they are structured and collected, while the CCC would also be able levy fines against municipalities that do not comply with new transparency requirements.
The commission held public meetings every day from Sept. 18 through Sept. 22. On the fifth day, they approved a final set of regulatory amendments.
