It’s been an interesting year for the Massachusetts cannabis industry, and therefore for cannabis media coverage. Needless to say, we have dedicated way more resources to writing about the ballot initiative to close recreational dispensaries and kill homegrow than we would have liked to. Meanwhile, critical issues spanning badging to lab impropriety persist.
Thanks to a number of contributors, with Jeff Rawson of the Institute of Cannabis Science at the top of that list, we have been able to keep up on important esoteric topics. That includes important happenings with human resources at the Cannabis Control Commission, like a whistleblower suit that he recently wrote about for Talking Joints Memo.
And so when Jeff informed us that he hit a brick wall in pursuit of his white whale trove of public documents related to investigations and enforcement, we figured that it’s worth some real attention. He sent a formal complaint to the Secretary of the Commonwealth this month (which you can view here, along with the accompanying files), and as we discuss in the exchange below, he won’t be giving up this fight until he gets some answers—and the responsive documents.
CF: Let’s start with the big picture. With the ballot repeal initiative and several other issues in the headlines, testing has taken a back seat this year. But it’s still obviously a huge issue. Before we get to the documents you are seeking, briefly bring us up to speed on what some refer to as lab fraud, and what the Cannabis Control Commission has or hasn’t done to address the problems.
JR: As a newly regulated industry, cannabis has seen mistakes and failures that we need to get better at addressing. The regulation and enforcement of testing labs has been a sore spot for a long time—it was back in 2022 that I organized the first shelf test of cannabis in Mass, working with three labs, and it’s only this year that the CCC has finally begun replicating that. The few disciplinary actions of CCC against labs have dragged on, and ended in whimpers rather than roars. I have come to believe that CCC’s investigations and enforcement was a troubled division from day one.
Of the multiple tangents of testing, what specific lane are you particularly interested in?
I believe the attention lavished on these labs and their compliance tests is a result of their own “advocacy,” which has often been presented in place of legitimate consumer interests. The reality is, third-party compliance testing is a small part of the consumer experience, but it does need to be performed accurately and enforced properly.
In a way that average people can understand, explain to us what records you are seeking from the CCC and why. What do you plan on looking for in the trove?
I was digging into those processes of the CCC’s investigations and enforcement in an effort to understand what went on there. I have spoken to former employees of CCC, and employees of several testing labs, about a sense that inspections were structured to deliver lists of minor infractions against labs while allowing egregious conduct to go unchecked. Meanwhile, two previous chiefs of investigations and enforcement appeared to me to demonstrate gross misconduct in the exercise of their duties. I requested various records of enforcement actions, such as the notices sent between CCC and labs, to investigate those allegations further.
In as few words as possible, what is the CCC saying as an excuse for why they won’t give you these records?
A few words? They shifted from one excuse to another using many strange words, and digging into my background and organization. It boiled down to who I am, who I know, and my journalism and overwatch activities, all clear violations of our Constitution.
It’s hardly news that a government agency is dodging a records request. Make your case in layman’s terms for why this case is exceptional.
First is the degree of personalization in the communications to me from the CCC, which I would argue became unhinged rants sent from an official government email address.
Second is the bizarre investigation into the Institute of Cannabis Science and the mentions of my moribund associations with individuals who are broadly considered to be unsavory.
Third, and most concerning, is the complete failure of the supervisor of records to do their job and issue a ruling, while also failing to note the unhinged and unconstitutional behavior at CCC. That failure actually frightened me, because the SOR is in the office of the Secretary of the Commonwealth, not the CCC, which suggested to me that corruption might be more widespread than I had previously realized.
You note in your appeal to the powers that be that you filed these public information requests as a journalist. It of course shouldn’t matter if you request the documents as a scientist, a circus clown, or a reporter. But I’m wondering, have you started looking at transparency much differently since you started writing about cannabis policy and regulation as opposed to just the science?
I was trained by brilliant mentors to be a “big picture,” systematic scientist, and my experience with journalism and advocacy at the smaller scale brought me profound lessons. I’ve watched as the public narrative about a leader, Shannon O’Brien, was manipulated by concealment of facts and selective leaks of suggestive statements.
I’ve had whistleblowers beg me to write their stories so they wouldn’t feel suffocated. I’ve seen how corrupt government agents cower and retaliate against their subordinates when I publish an article. I’ve seen corporate speech elevated by money. I’ve seen how we all are urged, again and again, to wait until after the next election to deal with a problem, but the next excuse always arrives in time to prevent the investigation.
I came to understand why the framers of our Constitution made the First Amendment the first, why ours was the first representative government to persist on Earth, and what this is all really about.
You are claiming: “These actions by the CCC’s records access officer violated my rights to freely speak and freely associate under the First Amendment, and my protection against unreasonable searches under the Fourth Amendment, of the Constitution of the United States.” Most people, including journalists a lot of the time, just roll over and stop trying. Is all of this your way of saying that you’re not going away?
I used to study the correlated movements of electrons for a living. I understand very well how a small, simultaneous “backing down” by many separate individuals who lost faith can generate an atmosphere of despair. In political science, I believe they call it “the chilling.” I don’t know why I don’t just follow along, but I believe people such as myself exist for a reason.
In the meantime, what is something you can tell us from the information, documents, and data you already have?
I probably have already shared more than I ought of my true thoughts and beliefs. What I can say for sure is that we all need to be a little more critical of our sources of information, that independent and local journalism is essential to our nation, and this could all get better if a few more people would speak up.
