Calling for clearer standards and the “de-anonymization of data,” the Cannabis Control Commission member signaled that serious reform is coming
The past two months have seen an intensifying focus on testing and enforcement at the Massachusetts Cannabis Control Commission. Exposés in major news outlets, lawsuits, and conflicts among top agency staff have all centered on testing. This drama also ensures that, just as the public interest for cannabis testing is increasing, the CCC members are more careful than ever with what they say on the subject.
In her remarks at the opening of the most recent CCC Public Meeting on Feb. 13, Commissioner Kimberly Roy made several statements that suggest what we should expect next.
I want to take this time to recognize Black History Month and share a quote by Doctor Martin Luther King Jr. that has always inspired me. One which I have tried to live by and as a commissioner work by. And the quote is, “The time is always right to do what is right.” And having said that, I want to also take this time to thank all of the individuals, who have also espoused that quote, in their actions by coming forward to provide information to the commission to help protect consumer, patient, and worker public health and safety.
It’s a classy move to lead with an appropriate MLK quote during Black History Month. Here, Commissioner Roy is encouraging activists such as Danny Carson who continue to raise concerns about testing enforcement and safety. She continued …
As I continue to read the news reports, some of you who have provided information to the commission may feel your advocacy has rang hollow, but let me assure you, it has not. You are having an impact, and you will continue to have an impact. As the industry continues to evolve, we are mindful there are significant challenges around testing, reporting, and accuracy and labeling. For me, we are at a “jump the shark” moment in testing, meaning the status quo is no longer adequate or acceptable.
This looks like an implicit acknowledgement of the lawsuit that was recently disclosed in which MCR Labs sued eight competitors. Several of those defendant labs have been the subjects of complaints and citizens’ investigations, but none has been significantly disciplined by the CCC. In a meeting with Commissioner Roy in January, the Institute of Cannabis Science offered several first-hand accounts of employee malfeasance from one of the labs named as a defendant.
This is probably the most direct acknowledgement of these matters that Commissioner Roy can make in public. For several months, she has been signaling that decisive actions are coming. This lawsuit has brought into the public domain evidence of misconduct at several labs which continue operations. Some cultural observers might question the commissioner’s choice of metaphor here, but she’s signaling a break with the past, and many advocates would welcome a radical change in the agency’s enforcement of testing standards. Whether these are empty words or a signal of action will be revealed in the weeks to come.
Massachusetts testing lab standards
Here’s more from Roy at last week’s meeting …
Possible future recommendations: Standardization is an imperative—“must”—for our independent testing labs. Investments must be made to establish a state-run reference standards lab for confirmatory testing, continuing to provide testing data to the public, including contaminant results. And the de-anonymization of the data is also incredibly important. In addition to consumer and patient advisories, when the investigations and evidence bear out, product recalls must be executed.
“Standardization” likely refers to the need to define which methodologies are fit to purpose for Total Yeast and Mold testing in Mass. For the past year, including in the lawsuit by MCR Labs, differences in testing platforms have been involved in arguments that various labs might offer corrupt services.
The “reference lab” is a familiar MacGuffin that gets trotted out in discussions around testing. It might be useful for the CCC to have its own lab some day, but there’s no evidence that the enforcement actions we’re all waiting on have been held up by lack of this resource.
“De-anonymization of data” is referring to the aggregated testing datasets hosted on the CCC website. Currently, the past several years of THC, THCA, and Total Yeast and Mold results are available to the public for download as .csv (comma-separated value) files, but the labs aren’t named. Advocates have pushed for some time to increase the number of test results available on this archive and for the labs to be named.
“Product recalls” versus “consumer and patient advisories” is a reference to the CCC’s recent issue of an advisory warning for potentially contaminated products. In consumer protection parlance, a “recall” is an official notice requesting compensated return of merchandise due to safety concerns, and includes the names of manufacturers, retail outlets, details such as SKUs and lot numbers, and photographs of the specific products concerned. What the CCC issued was far short of a recall, and Roy appeared to acknowledge that and promise to do better in the future …
I would also like to take this opportunity to request an update. Chair, I’m taking this opportunity to request an update about the industry tip line for the next public meeting, including anonymity protections for those who come forward with this information. … And it’s my understanding that there’s legislation being filed to help provide protections for those who come forward in the cannabis industry to provide them that anonymity.
In the fall of 2024, the CCC established a “tip line” for so-called “whistleblowers” in the cannabis industry to come forward with allegations of risks to workers or public health. Commissioner Roy has since stated that the Massachusetts law protecting whistleblowers from retaliation does not apply to the CCC, and so they are unable to extend protections to callers of the tip line. By requesting an update for the next public meeting on Feb. 25, Roy kept this from slipping between the cracks by adding it to the agenda.
A renewed Metrc contract
Commissioner Roy also noted, “Metrc I.D. must be employed so consumers and patients have ease of accessibility to certificates of analysis.” As MJBizDaily reported, she explained that the CCC renewed its contract with Metrc to database results from cannabis testing. Furthermore, the agreement includes Metrc’s new “Retail I.D.” feature, which associates a Certificate of Analysis (COA) from a testing lab with the product package by a web url that may be encoded in a QR code. Using this feature would allow any consumer to view the COA of a product by scanning the package with their phone.
Finally, the commissioner requested “a holistic review of all of our testing regulations and guidance documents [by] the second quarter of this calendar year.” Such a review has been presented to us as an opportunity to redress how microbial tests are implemented in Mass, and to revisit the list of only nine pesticides we screen.
In wrapping up, Roy said, “Some progress has been made, and there is much more to do. Again, thank you to all the stakeholders who have provided the commission with important information.”
You got it, commissioner. Thanks for speaking with us.
