Ousted Cannabis Commission Chair Shannon O’Brien’s appeal of a judge’s ruling that is keeping her off the job has been denied.

Writing in response to a request by O’Brien to appeal the December ruling by Superior Court Judge Debra Squires-Lee which determined State Treasurer Deb Goldberg has the authority to fire the head of the state’s marijuana regulatory body, Appeals Court Associate Justice Rachel Hershfang said the suspended-chair’s arguments didn’t meet the high bar required to overturn her colleague’s legal determinations.

“My authority to overrule an interlocutory order of a trial court judge should ‘be exercised in a stinting manner with suitable respect for the principle that the exercise of judicial discretion circumscribes the scope of available relief,’” Hershfang wrote. “To succeed, then, the plaintiff’s petition and supporting materials must demonstrate that the judge’s order was the product of an error of law or an abuse of the judge’s discretion.”

O’Brien was unceremoniously removed from her post and her access to the CCC’s systems and properties suddenly severed last September with no immediate explanation given and just a year after she’d taken the helm at the CCC.

It was later revealed that Goldberg had taken action against O’Brien in response to complaints of racism and workplace hostility from other commissioners and staff.

The CCC Chair denied those accusations and sued, arguing that her actions were being mischaracterized and that Goldberg did not have cause or authority to remove O’Brien. Squires-Lee ruled that, in fact, the State Treasurer did have that authority, and the appeals court apparently found no flaw in her reasoning — or at least not enough of one to grant an appeal.

“The arguments presented in the plaintiff’s petition and supporting materials do not meet this high standard. My review of the record reveals no error of law or abuse of discretion in the motion judge’s ruling on the Supreme Judicial Court’s various decisions,” the appeals judge wrote. “To the extent that the plaintiff challenges the adequacy of the bases claimed for her removal, I echo the conclusion of the Superior Court judge.”

A spokesperson for O’Brien, a one-time candidate for governor and former state treasurer, said she looks forward to a hearing to be scheduled with Goldberg. That meeting had been postponed pending the results of O’Brien’s appeal.

“Chair O’Brien looks forward to the truth coming out of this hearing process. The legal efforts to date have been about ensuring that Chair O’Brien has the opportunity for an open and impartial hearing and an opportunity to defend her reputation,” O’Brien spokesperson, Joe Baerlein, told the Herald.