Lawmakers will hear testimony on proposed changes to state cannabis laws

State lawmakers have scheduled a hearing later this month to kick start an effort to update the laws directing the embattled Cannabis Control Commission after more than a year of turbulence.

The Bay State’s Joint Committee on Cannabis Policy has scheduled an informational hearing for Wednesday, October 30, over “reconsideration” of the law which created both the state’s bustling marijuana industry and the CCC, responsible for the day-to-day business of regulating Massachusetts’ largest cash crop.

“The Committee will be inviting various Massachusetts cannabis industry stakeholders to testify. Of chief concern are the matters of responsibility for agency operations and proper channels of accountability within the agency structure,” the committee wrote in announcing the hearing.

The fall hearings come following a call by State Inspector General Jeffrey Shapiro for legislative intervention at the CCC, which he issued in response to gaps in Commission leadership and apparently unclear delineation of staff responsibilities.

Shapiro, in a letter to lawmakers and in public testimony, described the agency responsible for regulating a $7 billion industry as effectively “rudderless” and in need of guidance on who is in charge of what.

Shapiro recommended the appointment of a receiver to begin oversight of operations until the Legislature could cure the problems he felt were written into the industry’s governing statutes. Those laws, Shapiro said, make it unclear where the Commissioners’ power ends and the CCC’s Executive Director’s responsibilities begin.

“The Cannabis Commission has exhibited many symptoms, its self-help remedies have not worked, and it is now time for a diagnosis and treatment plan to take effect,” the IG said in July.

In a letter sent to Legislative leaders, members of the committee explained they would like to revisit the parts of the state’s laws which describe the role of the CCC’s executive director and committee chair, but they did not take up Shapiro’s calls for a receiver. According to those lawmakers, there is a “legislative path forward addressing the sources of concerns about the CCC’s administrative function.”

“This path will include revisiting some provisions of the CCC’s enabling statute. Of chief concern to the Committee are the matters of responsibility for agency operations and proper channels of accountability within the agency structure,” they wrote then.

Lawmakers have suggested changes to MGL Chapter 10 section 76 (h), which indicates the Commission chair “shall have and exercise supervision and control over all the affairs of the commission” and the same chapter’s section (j), which states the CCC’s Executive Director “shall be the executive and administrative head of the commission and shall be responsible for administering and enforcing the law relative to the commission and to each administrative unit thereof.”

The committee also indicated they would look to define “commission” as it’s used in the law, clarifying when lawmakers intended to mean the agency’s appointed commissioners and when they were referring to the CCC’s staff.

Those who wish to testify at the upcoming Cannabis Policy Committee hearing must register in advance. Registration information can be found at https://malegislature.gov/Events.

Inspector General Jeffrey Shapiro (Nancy Lane/Boston Herald, File)

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