Massachusetts Cannabis Regulator Under Scrutiny: Who's Watching The Watchmen?

Massachusetts regulators met Tuesday to hear public testimony on various cannabis-related measures, and one testimony they probably weren’t expecting to hear. Micheal Kahn, CEO and founder of the state’s first independent marijuana testing lab, shared his experience with the Cannabis Control Commission (CCC). And it wasn’t a good one.

What happened: Kahn spoke about the investigation into his lab that the commission conducted earlier this year, arguing that it came as a response to his concerns about consumer safety, writes Boston Herald.

“The investigation was then cited by the CCC as an excuse to prevent us from engaging with commissioners regarding consumer safety. I believe CCC enforcement staff may be misusing investigations as a pretext to silence and harass licensees,” Kahn told the Joint Committee on Cannabis Policy.

The Tuesday meeting comes on the heels of the Bay State having a record month of sales, with combined medical and recreational sales hitting $151.8 million, in June. As per the data from CCC adult-use sales accounted for $132.8 million, and medical marijuana sales generated $19 million.

See Also: Massachusetts Cannabis Commission Considers New Rules For Veterans' Access To Medical Marijuana

‘20,000 Pages’ Of Documents

This is not the first time Kahn spoke about the unpleasant situations his lab had with the CCC. In March this year, he accused the CCC staff of unprofessionalism and intimidation during a surprise inspection.

At the time, Kahn sent a letter detailing the allegations to the agency and claims that while some inspection agents were polite, others exhibited improper conduct that disrupted lab operations. According to the letter, one agent touched and stood over an employee while another interrupted a manager and demanded they "stop talking and listen,” agents refused to follow safety protocol or to wear gloves while handling marijuana.

On Tuesday, Kahn told regulators he is testifying to support S.58 and H.106 or “An Act establishing an internal special audit unit within the Cannabis Control Commission,” which, according to him, would help prevent waste and abuse.

In addition to testifying that CCC conducted a six-hour-long inspection at MCR after he presented concerns about lab fraud within the industry, Kahn also noted that CCC staff required around “20,000 pages” of documents and some 30,000 hours of video. He also said that CCC staff “verbally commanded MCR to change its policies” in a way that would violate the state law, which the company refused to do.

“I believe they are likely to retaliate against me and MCR simply for speaking to this committee,” Kahn told regulators.

Who Oversees CCC?

It seems that Kahn and his MCR are not the only ones to experience troubles with CCC. Dan Delaney, executive director of the Association of Cannabis Testing Laboratories also testified saying that Massachusetts’ regulators are “unpredictable, arbitrary, and unaccountable.”

“Licensees recognize the power that the CCC has and understandably fear retaliation if they contest the commission’s intent or actions,” he said. “I’ve heard it from other labs and I’ve heard it from other licensees outside the lab testing space. The real problem is structural.”

Delaney pointed out that while CCC oversees the marijuana industry, “no one oversees the Cannabis Control Commission.”

CCC Responds

A spokesperson for the CCC responded to Kahn’s testimony saying the organization is proud of how it conducts its work, and that the agency also completed another unannounced inspection in March at Independent Testing Lab prior to the MCR inspection for the same reasons. “With regards to other investigations referenced during the hearing that remain ongoing, the agency will not comment at this time,” the spokesperson told the Herald.

Read more on Boston Herald.

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Photo: Courtesy of  Elsa Olofsson on Unsplash