Legislator leaves CCC to its own devices | Foley Hoag LLP – Cannabis and the Law

With the formal legislative session now over, it appears the Massachusetts Legislature will not respond to calls to address the state’s Cannabis Control Commission (“CCC”), which some Beacon Hill officials say is an agency in disarray. As widely reported in June, a letter from Commonwealth Inspector General Jeffrey Shapiro to Senate President Karen Spilka and other House and Senate leaders highlighted several critical concerns about the agency’s management. It urged the Legislature to act immediately. Highlighting recent “turmoil” in the upper echelons of the agency, most notably the suspension of former Chairwoman Shannon O’Brien by the Commonwealth Treasurer and the CCC’s decision to relieve the acting executive director of her day-to-day duties, the Inspector General urged the Legislature to appoint a trustee with clear authority “(1) to perform the day-to-day administrative functions of the CCC and (2) to perform said functions notwithstanding any statement of authority by the Chair, Acting Chair, or Commissioners…”

The Inspector General’s letter prompted a lengthy informal hearing on July 9, 2024, during which members of the Joint Committee on Cannabis Policy heard testimony and asked the Inspector General questions about the current state of affairs at the CCC. During that hearing, the Inspector General again formally lobbied to appoint a trustee for the agency. Following that hearing and with the end of the legislative session approaching, several legislators sought to address the reported leadership issues within the organization, including Senator Michael Moore, who introduced an amendment (#163) to the Senate economic development bill that would have allowed the Governor to appoint a trustee. However, the proposed amendment was defeated, and the economic development bill ultimately did not pass before the end of the session.

Despite the flurry of legislative activity through the early morning hours of August 1, none of the other bills that passed before the end of the session authorized the appointment of a CCC receiver. In other words, the CCC is on its own for the foreseeable future. Interestingly, the agency is currently in the process of selecting a new executive director. Interested candidates have been asked to apply by June 15, 2024, and the CCC Executive Director Search Subcommittee is currently reviewing and vetting the candidates. We will continue to monitor the subcommittee’s actions as it narrows the pool of candidates vying to lead the CCC out of these uncertain times.