Long dismissed as an invisible and unutilized power, the state’s undercover cannabis purchasing program is being revisited
The Cannabis Control Commission’s Secret Shopper Program is one of the great legends of modern Massachusetts marijuana. A black box if it exists at all, the invisible enforcement power, or lack thereof, has been a bone of contention in innumerable conflicts, both within the agency and throughout the industry as well.
That mystery persists despite codification under Mass law, which allows “the Commission or a Commission Delegee … at any time and without prior notice, [to] authorize an employee, outside vendor or contractor, or other agent to pose as a customer and purchase any Marijuana or Marijuana Products from any registered or licensed [dispensary].”
Furthermore, they “may authorize such [a] purchase for any investigative purposes [including] investigative testing for compliance with laboratory testing standards and identification check requirements.”
As we reported in December, amid ongoing problems with Independent Testing Labs such as complaints of artificial potency inflation, the CCC has been considering ways to implement the Secret Shopper Program that it was supposed to have already been running.
“Several years ago I literally raised the question about whether or not we have a Secret Shopper Program,” Commission Chair Shannon O’Brien said. “It was implied by staff that we do and we don’t.”
O’Brien clarified that there is technically a process by which the CCC can obtain a product and have it tested. The agency has also considered building its own testing lab for such purposes, but budget woes have kept that idea from advancing.
“We have an intermittent process whereby we can do confirmatory testing, but it is a problem that we do not have an independent standard testing lab, it makes it somewhat difficult for us,” O’Brien added.
O’Brien was suspended and then fired from her post before returning to the body last fall after an exonerating court order. During her absence from the CCC, Commissioner Kimberly Roy said that she became especially interested in improving how the agency ensures accurate labeling and test results.
“We’ve all had a different understanding of what was occurring [with the] secret shopper [program],” Roy said. “We need to make this a real, robust reality. We get leads, we get tips. … What we want to do is take it to the next level. We’re looking at creative ideas and solutions.”
The initiative was further discussed at the body’s Jan. 14 public meeting and noted at the bottom of a recent public announcement regarding their vote to address matters. Per the media release:
A unanimously approved regulatory update may change the Commission’s Secret Shopper Program, which allows for random, off-the-shelf testing of cannabis products, among other initiatives, to ensure consumer health and safety. As proposed, the update will allow third-party vendors or contractors, such as nonprofits, research institutions, and other legal entities, to enter into agreements with the Commission to act as secret shoppers. The regulations would also more clearly describe the proper chain of custody for secretly purchasing, transporting, and testing cannabis products as part of the program.
Commissioner Kimberly Roy said in an accompanying statement: “I am grateful to see the Commission’s Secret Shopper Program positioned to be executed to its fullest potential under the draft regulatory reforms approved today. … As the sponsor of the Commission’s Secret Shopper Program Working Group, I look forward to collaborating with stakeholders to advance initiatives that promote consumer protection, uphold product safety and integrity, and strengthen the Commission’s commitment to protecting public health and safety within Massachusetts’ regulated marketplace.”
“With the rollout of social consumption coming, a revised Secret Shopper Program will strengthen age verification efforts, especially at events, and complement existing off-the-shelf testing work overall,” Commissioner Bruce Stebbins added.
The current timeline as presented by the CCC is as follows:
- 1/30: Publication of Notice for Public Comment & Hearing by the Secretary. Comment period runs until 2/23.
- 2/23: Public Hearing date and end of comment period.
- 2/23-3/2: Commissioners, legal and staff to review public comments. Legal to revise redlined draft amendments.
- 3/2-3/12: Proposed Public Meeting 1st week of March for Commissioners to VOTE on final regulatory amendments.
- 3/13: Deadline To File final regulations with the Secretary for promulgation on 3/27/26.
