Former Cannabis Comish Firing Sparks Debate On Oversight In Massachusetts: What's Next For The Industry?

Benzinga · 10/16 16:22

Shannon O’Brien, the former chair of the Cannabis Control Commission of Massachusetts lost her legal battle with State Treasurer Deborah Goldberg resulting in O’Brien being fired last month.

Goldberg, who named Bruce Stebbins acting chair of the regulatory body, expressed concern about attracting strong candidates while state lawmakers consider changes to the oversight of the struggling agency, reported CommonWealth Beacon.

"We've made a commitment to begin looking. It might prove to be more challenging because those who might consider it [the state Legislature] might be concerned about changes that could take place," Goldberg told reporters following her address to the Greater Boston Chamber of Commerce.

‘Unclear And Self-Contradictory’

On October 30, state lawmakers will hold a hearing to review the organizational structure of the commission. This follows a letter from the state inspector general addressed to Senate President Karen Spilka and House Speaker Ron Mariano, among others, which described the commission’s enabling statute as “unclear and self-contradictory” regarding the oversight roles within the agency.

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Under the 2016 voters-approved measure to legalize recreational marijuana, cannabis shops are regulated similarly to liquor stores, which are overseen by the Alcoholic Beverages Control Commission (ABCC) within the state treasurer’s office. However, following lawmakers' amendments to the voter-approved law, Goldberg’s authority was reduced, while proposing the commission's structure to resemble the five-member Gaming Commission.

Read Also: Martha’s Vineyard Has A Cannabis Crisis: Medical, Recreational Users Could Run Out Of Access By Fall As Island’s Sole Producer Will Close Soon

Goldberg didn't weigh in on whether the legislative rewrite was a mistake. She said the cannabis industry is "so new" adding that "every state has had its own set of glitches."

Background

O'Brien was originally appointed to serve a five-year term in 2022 and has denied the misconduct allegations. Goldberg suspended O'Brien in September 2024 accusing her of making "racially, ethnically and culturally insensitive statements."

"The Chair [O’Brien] committed gross misconduct and demonstrated she is unable to discharge the powers and duties of a CCC commissioner," Goldberg said in a statement. "I do so with deep regret because she has a long history of public service, and when appointed I anticipated she would lead the Commission capably and in an appropriate manner."

Goldberg's decision to fire O’Brien followed over twenty hours of meetings and an evaluation of testimonies, case law, and policies. O'Brien spent close to $750,000 in taxpayer dollars on legal fees, engaged lawyers to contest her suspension through court battles and at least four confidential hearings that concluded in early July.

O’Brien now plans to appeal her firing to the Supreme Judicial Court.

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