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Snitches Get Stitches in the Marijuana Industry? – Did the Massachusetts CCC Strong-Arm a Lab-Testing Whistleblower?

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MCR Labs CEO says he got retribution for reporting issues with lab testing in the Bay State.

According to the Boston Herald, a Massachusetts cannabis testing laboratory accuses the Cannabis Control Commission (CCC) of retaliation after its CEO testified to lawmakers about public health concerns and lab fraud in the state’s cannabis industry. During a recent hearing on proposed bills to reform the industry, MCR Labs CEO Michael Kahn raised suspicions that the CCC enforcement staff might be misusing investigations to silence and harass licensees.

Kahn revealed that following his presentation on lab fraud, eight CCC staff members conducted an alleged six-hour inspection at his lab, which he described as “unfocused and unprofessional.” The staff demanded extensive documentation, approximately 20,000 pages of documents, and around 30,000 hours of video footage. This inspection made him concerned that the CCC might resort to retaliation tactics against those who voice critical concerns.

The Association of Cannabis Testing Laboratories’ executive director, Dan Delaney, supported Kahn’s claims, stating that this experience is not unique. Delaney explained that licensees in the industry are apprehensive about contesting the CCC’s intent or actions due to the commission’s power, leading to a fear of retaliation. He emphasised that the root of the problem lies in structural issues within the regulatory framework.

Responding to the allegations, the CCC confirmed that it has ongoing enforcement matters concerning MCR Labs. However, a CCC spokesperson disclosed that an unannounced inspection was also carried out at another Independent Testing Lab (ITL) before the MCR Labs inspection, indicating that similar investigations were conducted. Nevertheless, the CCC refrained from commenting on other investigations mentioned during the hearing that remain in progress.

The legislative panel conducting the hearing was focused on two bills, S.58 and H.106, which seek to establish an internal special audit unit within the Cannabis Control Commission. The proposed unit aims to address concerns like these and improve transparency and accountability within the cannabis industry’s regulatory processes.

Industry-Wide Concerns: Lab Fraud and Public Health Issues

Lab fraud and its potential impact on public health have emerged as significant concerns within Massachusetts’ cannabis industry. Cannabis testing laboratories are essential for ensuring the safety and quality of cannabis products available to consumers. These labs analyse samples to determine potency, identify contaminants, and assess overall product safety. However, recent allegations of lab fraud have raised serious doubts about the reliability of testing results and the safety of products being sold.

In the cannabis market, lab fraud is the term for dishonest practices in which testing facilities manipulate or fabricate test findings to give false information about the calibre and safety of goods. The effects of this dishonest activity on customers and respectable companies in the sector may be extensive. For consumers to make educated judgments about the cannabis products they buy, accurate testing findings are essential. False test results could result in unintended consumption of hazardous compounds or inefficient goods.

Michael Kahn, CEO of MCR Labs, courageously voiced his concerns about lab fraud to lawmakers during a recent hearing on cannabis industry reforms. His testimony shed light on the potential misuse of investigations by the Cannabis Control Commission (CCC) to retaliate against licensees who raise critical concerns about the regulatory process. Kahn’s testimony underscored the need for transparency and fairness in regulatory enforcement actions, emphasising that licensees should be able to express concerns without fearing reprisals from the CCC.

In response to these challenges, proposed bills S.58 and H.106 aim to establish an internal special audit unit within the CCC. Such an audit unit could act as an impartial body to investigate allegations of fraud or misconduct without biases or conflicts of interest. If established and empowered effectively, this unit could significantly enhance the credibility and integrity of the regulatory process. By strengthening the oversight of cannabis testing laboratories and implementing robust whistleblower protections, Massachusetts can work collaboratively with industry stakeholders, lawmakers, and regulatory authorities to create a safer, more transparent, and responsible cannabis industry that prioritises consumer safety and industry integrity.

Allegations of Retaliation: Unfocused and Extensive Inspections

Allegations of retaliation against MCR Labs and other industry stakeholders have raised serious concerns about the Cannabis Control Commission’s (CCC) response to critical feedback. After MCR Labs’ CEO Michael Kahn spoke out about lab fraud, the CCC conducted an allegedly unfocused and extensive six-hour inspection at their facility. This perceived retaliation led to concerns that investigations may be misused to silence and harass licensees who raise concerns about the regulatory process.

The issue extends beyond MCR Labs, as Dan Delaney, the executive director of the Association of Cannabis Testing Laboratories, testified that licensees fear potential retaliation if they challenge the CCC’s actions. This fear stifles open dialogue and undermines the integrity of the regulatory process.

To address these concerns, the CCC should establish clear inspection guidelines and protocols to ensure transparency and fairness. Inspections should be conducted with specific objectives and in adherence to best practices, respecting the dignity and professionalism expected from regulatory bodies.

Additionally, implementing channels for confidential reporting and robust whistleblower protections can encourage licensees and employees to come forward with vital information without fearing reprisals. By fostering an open dialogue and collaboration environment, the CCC can work with industry stakeholders to improve the regulatory framework and prioritise consumer safety and the success of legitimate cannabis businesses in Massachusetts.

Bottom Line

The allegations of retaliation by a Massachusetts cannabis testing laboratory against the Cannabis Control Commission raise serious concerns about the integrity and transparency of the regulatory process within the state’s cannabis industry. The CEO’s testimony and the subsequent inspection at the lab highlight the need for a fair and impartial regulatory framework that encourages open dialogue and addresses concerns without fear of reprisals. Establishing an internal special audit unit, as proposed in bills S.58 and H.106, could improve accountability and ensure consumer safety in the cannabis market. By addressing these issues, Massachusetts can strive to build a responsible and trustworthy cannabis industry that prioritises the well-being of consumers and legitimate businesses.

Source: https://cannabis.net/blog/news/snitches-get-stitches-in-the-marijuana-industry-did-the-massachusetts-ccc-strongarm-a-labtestin

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New Mexico cannabis operator fined, loses license for alleged BioTrack fraud

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New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.

The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.

Golden Roots operates the The Cannabis Revolution Dispensary.

The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.

The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.

Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.

After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.

In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.

The company requested a hearing, which the regulator scheduled for Sept. 1.

At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.

Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.

Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.

The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:

Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.

Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/

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Marijuana companies suing US attorney general in federal prohibition challenge

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Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.

According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”

Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.

The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”

The companies want the case to go before the U.S. Supreme Court.

They hired prominent law firm Boies Schiller Flexner to represent them.

The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.

Similar challenges to the federal Controlled Substances Act (CSA) have failed.

One such challenge led to a landmark Supreme Court decision in 2005.

In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.

In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.

Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.

“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.

“Moreover, the facts on which those precedents are based are no longer true.”

Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”

While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.

“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”

Source: https://mjbizdaily.com/marijuana-companies-suing-us-attorney-general-to-overturn-federal-prohibition/

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Alabama to make another attempt Dec. 1 to award medical cannabis licenses

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Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.

The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).

Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.

Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.

That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.

Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.

Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.

A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.

Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/

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