October 30, 2024 Senator Adam Gomez, Chair Representative Daniel M. Donahue, Chair Joint Committee on Cannabis Policy State House, Room 166 Boston, MA 02133

Dear Chairman Gomez, Chairman Donahue, and Members of the Committee:

Thank you for the invitation to provide testimony regarding structural issues at the Cannabis Control Commission. I serve as founder and director of Parabola Center for Law and Policy, a nonprofit conducting education, research, and training focused on racial justice and preventing monopolies in the cannabis industry nationally. I previously served as a commissioner of the Cannabis Control Commission from 2017 to 2020.

I want to highlight three specific structural issues. While I strongly support maintaining the commission’s existing structure of five commissioners appointed by three separate authorities as essential to its independence, in my opinion both as a former commissioner and now as an observer, the following areas warrant attention.

  1. Oversight of Investigations The agency’s practice of withholding information about ongoing investigations from commissioners hampers its ability to provide meaningful oversight. This was illustrated in October 2022, when commissioners learned about the death of Trulieve worker Lorna McMurrey from a podcast eight months after the incident. This practice undermines the commissioners’ ability to exercise their oversight responsibilities.

Recommendations to consider: • Explicitly require that commissioners be notified of all opened investigations within 72 hours, with immediate commissioner notification of any serious incidents involving worker or public safety • Mandate quarterly reports to commissioners summarizing all ongoing investigations, their status, and any preliminary findings
• Establish clear criteria for what constitutes a reportable investigation

  1. Consistency in Regulatory Enforcement The lack of transparency around enforcement makes it difficult for commissioners, industry participants, and the public to assess whether regulations are being enforced fairly and consistently across all licensees. Unlike other state cannabis regulators, such as Michigan’s Cannabis Regulatory Agency which publishes comprehensive monthly disciplinary action reports (see attached), Massachusetts lacks systematic public reporting of disciplinary actions.

Recommendations to consider: • As some commissioners have called for, mandate the creation of a searchable online database of enforcement actions • Require annual analysis of enforcement patterns to identify any disparities in how regulations are applied across different categories of licensees • Direct the CCC to develop and publish enforcement guidelines that establish standard penalties for common violations

  1. Human Resources Complaint Process The current internal handling of human resources complaints has created conflicts that can interfere with proper oversight. During my term, I observed instances where HR complaints were potentially used as a mechanism to obstruct oversight functions. This problem appears to have intensified and may also be obstructing legitimate complaints. An external entity may be best positioned to properly evaluate these complaints.

Recommendations to consider: • Transfer authority for handling human resources complaints to an external entity such as the Office of Inspector General, Mass Commission Against Discrimination, or the Attorney General’s office • Establish clear protocols for when and how complaints should be referred to external authorities • Require annual reporting on complaint patterns and resolutions

I believe that these changes would strengthen the CCC’s ability to fulfill its mission while maintaining its essential independence. The current moment of transition is a good opportunity to consider these changes.

Finally, based on our concerns about tobacco industry influence on cannabis nationally, we suggest editing the role of the commissioner who “shall have professional experience in oversight or industry management, including commodities, production or distribution in a regulated industry” to add “…in a regulated industry other than tobacco.”

Thank you for your consideration.

Sincerely, Shaleen Title