Cannabis Commission Takes Big Swings - Editorial
On this week’s episode of the Enterprise’s podcast “The Upper Cape Catch,” we take a look at the Massachusetts Cannabis Control Commission’s newly filed draft regulations regarding the legal marijuana industry in the commonwealth. There are only a handful of marijuana establishments on Cape Cod now but more are looking to set up shop, and the recent draft regulations have caught the attention of industry stakeholders statewide.
Though it seems imminent, the Town of Bourne has yet to lift its ban on marijuana; still, the Bourne Select Board balked when word of these draft regulations came in early August. An email from the Massachusetts Municipal Association called the draft regulations on Host Community Agreements (HCAs) and Municipal Equity “concerning” on the basis that they “go beyond the legislative intent” of previous legislation by retroactively applying them to existing HCAs.
It urged communities to provide comments “to protect existing host community agreements” and the select board complied, unanimously approving a letter to the commission at the end of August—not, however, before the commission approved and filed the draft regulations the week prior.
It remains to be seen how the regulation changes will impact existing dispensaries, including in Mashpee and Sandwich, but the Bourne Select Board’s main qualms with the revision revolved around the HCA changes and the timeframe. Both are too complex and arduous for us to get into here, but the short of it is that Bourne asked the commission to reconsider the timeframe, suggesting the regulations take effect on October 1, 2024.
“A May 1, 2024, implementation date is not realistic given the Town Meeting calendar for many municipalities,” reads the email to the commission, signed by select board chairwoman Mary Jane Mastrangelo, who said in a previous meeting the commission was failing to factor in the time it takes municipalities, like Bourne, to develop, present and approve local bylaws regulating the industry, nor is it accounting for the time it takes to get approval of the bylaws by the state Attorney General’s Office.
These are fair and valid criticisms, and we see how a regulatory change partway through any town’s bylaw crafting process would further complicate the already arduous task of navigating the legal marijuana industry. Our cursory review of the redlined draft regulations document, however, gave the impression that the HCA changes are intended to improve relations between and protect the interests of both towns and marijuana establishments.
It also revealed some things we find more significant, including historic changes to level that playing field and promote social equity throughout the commonwealth. Regulatory changes seek to exemplify equity—a virtue that the Massachusetts cannabis industry often touts but, according to a recent statewide report, sorely lacks among the marginalized groups the state says it gives preference to, which include individuals harmed by the war on drugs.
To that end, measures that remove barriers to entry into the legal industry for individuals with past criminal records are included in the regulations. The suitability standards will be similar to those of licensure and employment in connection with alcoholic beverages under state law, provided that a prior conviction for marijuana or another controlled substance will not disqualify or otherwise affect an applicant’s employment eligibility, unless the offense involved the distribution of a controlled substance to a minor.
That sounds reasonable. The legal alcohol and marijuana industries are certainly comparable, so implementing the same employment standards seems like a reasonable way to equate them and quash previously existing barriers.
The other big swing is social consumption: revised regulations eliminate the limited Social Consumption Pilot Program and instead expand it to a statewide opt-in program that gives all cities and towns the ability to host a social consumption establishment; an exciting development, considering only a handful of states have allowed cannabis lounges. The reality, though, is that these sites are largely successful (and popular in Amsterdam) in helping keep marijuana off the streets and providing safe spaces for consumption. It would be a great exercise in harm reduction and de-stigmatization—one it seems that many could benefit from.
Commissioner Ava Callender Concepcion, who had a hand in all three aforementioned regulatory topics, said in July she was excited about making the industry more accessible and inclusive and hopes that the steps taken continue to open doors for those who were disproportionately harmed by the war on drugs because they, too, deserve a place in this market.” The regulations are aimed to actionably promote productive citizenship and mitigate recidivism, which feels like a step in the right direction.
These are big steps, and the progressiveness is a pleasant surprise. Reversing the effects of the war on drugs—remnants of which are still evident today in rhetoric surrounding marijuana use—is a mighty lift, but if equity is the name of the game, then leveling the playing field and lowering the stakes are the ways to do it.
A public hearing is the next step, giving constituents a chance to voice their opinions on the matter. To that end, a hybrid hearing was to be held on Friday, September 8. We look forward to seeing what sort of feedback comes from that—no doubt there will be plenty.