Massachusetts lawmakers urged to appoint Receiver for Cannabis Control Commission

 

In light of ongoing operational and governance issues within the Cannabis Control Commission (CCC), the Office of the Inspector General (OIG) in Massachusetts has formally requested that state legislative leaders appoint a receiver to manage the CCC’s day-to-day operations. This action comes as concerns continue to mount regarding the agency’s current leadership structure and effectiveness.

In a letter sent to legislators, Inspector General Jeffrey S. Shapiro addressed Senate President Karen E. Spilka, Speaker of the House Ronald Mariano, Senate Minority Leader Bruce E. Tarr, and House Minority Leader Bradley H. Jones, Jr. The letter outlined the OIG’s findings and recommendations, emphasizing the urgent need for legislative intervention before the current legislative term ends on July 31.

Background on the CCC

The CCC was established under Chapter 334 of the Acts of 2016 and later amended by Chapter 55 of the Acts of 2017, known as “An Act to Ensure Safe Access to Marijuana.” The commission is comprised of five commissioners, each appointed by different state officials. The chair, designated by the Treasurer, is tasked with supervising and controlling all commission affairs, while an executive director, appointed by the commissioners, handles the agency’s administrative functions.

Leadership Crisis

Since September 2023, the CCC has been embroiled in leadership disputes. Treasurer Deborah Goldberg suspended CCC Chair Shannon O’Brien, who then appointed Commissioner Kimberly Roy as acting chair. However, the commission later appointed Commissioner Ava Callender Concepcion to the role, leading to further internal conflict over authority and responsibilities.

A recent decision by the CCC to relieve its acting executive director of day-to-day duties has added to the confusion. According to the OIG, this move could decentralize management further and harm the agency’s efficiency and service to the Commonwealth.

Statutory Ambiguities

The OIG’s review highlighted ambiguities in the CCC’s enabling statute regarding the roles of the chair, executive director, and commissioners. The lack of clear definitions has led to conflicting interpretations and governance challenges.

    

Call for Immediate Action

The OIG recommends that the Legislature authorize the appointment of a receiver with definitive authority to manage the CCC’s daily operations. This receiver would ensure continuity and stability while the Legislature works on a long-term solution to revise the CCC’s governance structure.

“The CCC needs immediate clear direction with an accountable hierarchy,” Shapiro stated in the letter. “In its present state, the CCC lacks such direction. The Legislature should take short-term action by authorizing the appointment of a receiver before the completion of the current formal legislative session on July 31, and long-term action by revisiting the commission structure.”

Future Considerations

The OIG urges lawmakers to delineate the roles and responsibilities of the CCC’s leadership to avoid future conflicts and ensure the agency’s effective operation. Clarifying the statutory authority and responsibilities of the chair, executive director, and commissioners is essential for the CCC to fulfill its mandate and maintain its significant revenue contributions to the state.

Contact Information

Inspector General Shapiro remains available to discuss the OIG’s concerns and findings. He can be reached at 617-722-8806 or via email at Jeffrey.S.Shapiro@mass.gov.

For further details, refer to the OIG’s full letter and accompanying documents available on the official Massachusetts government website.