Search Results for "massachusetts"

A briefcase packed full of cash sits open on a glass table, surrounded by more cash.

Massachusetts Regulators Suggest State-Run Bank for Cannabis Industry

The Massachusetts Cannabis Control Commission is suggesting the creation of a state-run bank to serve the state’s canna-businesses after Chairman Steve Hoffman pointed out that no local banks or credit unions have indicated they would provide services to the industry, the Boston Globe reports.

“There’s a high degree of urgency, so it’s something we need to start talking about. Unfortunately, it’s a real possibility. We’re working as hard as we can to preempt that, but we can’t force any bank or credit union to service this industry.” – Hoffman to the Globe

The commission is concerned that a high-volume, cash-only industry would not only make the businesses a target for crime but would also complicate tax payments and product tracking efforts.

Gov. Charlie Baker’s office told the Globe that there are currently no plans to create such an entity. The measure would likely need legislative approval. According to the report, only Century Bank of Somerville is currently offering services to the state’s medical cannabis businesses. Massachusetts recreational cannabis industry is expected to be worth $1 billion by 2020. The state Department of Revenue expects to collect between $44 million and $82 million in cannabis-derived taxes in the next fiscal year.

Federally, some officials support allowing canna-businesses to access financial services. Earlier this month, Treasury Secretary Steven Mnuchin said the agency doesn’t “want bags of cash” and “want to make sure [the federal government] can collect [the] necessary taxes and other things.” In January, attorney generals from 17 states, Washington. D.C. and Guam sent a letter to Congress urging them to “advance legislation that would allow states that have legalized medical or recreational use of marijuana to bring that commerce into the banking system.”

Massachusetts’ recreational cannabis industry is expected to come online July 1.

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Massachusetts Public Safety Director Opposes Social Clubs in Letter to Cannabis Regulators

Massachusetts Secretary of Public Safety and Security Daniel Bennett is opposing the creation of cannabis clubs in the state, alleging that allowing social use will increase access to minors and drugged driving incidents, according to a MassLive report.

“We believe the difficulties of safely administering the adult use marijuana market in the near term will be multiplied by the proposed licensing of social consumption establishments, mixed-use social consumption establishments, and home delivery retail services.” – Bennett, in a letter to the Cannabis Control Commission, via MassLive

Bennett’s concerns are shared by Gov. Charlie Baker, whose budget and environmental agencies legal counsel have warned against allowing social use immediately.

“If these folks want to take up a lot of these second and third tier issues at some point after the program is up and running, I think that’s fine. What I do worry about is creating a situation and a dynamic given the relatively early stages for the commission generally, and for this industry in particular, to get off on the wrong foot straight out of the gate.” – Baker to MassLive

In his letter, Bennett said that if consumers are prohibited from taking cannabis from social clubs off-site, it could increase the number of people driving under the influence, and that delivery services couldn’t determine whether someone under 21 is in the house.

The Cannabis Commission is currently crafting the final regulations for the state’s cannabis industry, which is expected to come online July 1. The draft rules were submitted last December.

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Massachusetts U.S. Attorney Won’t Rule Out Federal Charges Against Canna-Businesses

Massachusetts U.S. Attorney Andrew Lelling, who was appointed by President Donald Trump and assumed office in December, told reporters yesterday that while opioid crimes are his top drug enforcement priority, he could not rule out bringing cases against canna-business operators and employees, the State House News Service reports. The comments come less than a month after Lelling released a memo saying he could not “provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.”

Moreover, Lelling said that while members of the state’s Cannabis Control Commission have sought to meet with the prosecutor, the Justice Department “won’t allow” him to meet with the agency responsible for drafting the rules for the voter-approved adult-use cannabis industry.

“This office will pursue federal marijuana crimes as part of its overall approach to reducing violent crime, stemming the tide of the drug crisis, and dismantling criminal gangs, and in particular the threat posed by bulk trafficking of marijuana, which has had a devastating impact on local communities.” – Lelling, during a press conference

Lelling, however, noted that he doesn’t believe Attorney General Jeff Sessions wants to micromanage state prosecutors, but that his office should pursue “ambitious cases.”

Earlier this month, 19 attorney generals from 17 states, Washington, D.C., and Guam – including Massachusetts’ Maura Healey – sent a letter to members of Congress urging them to advance legislation that would allow cannabis operators to access financial services.

Adult-use sales in Massachusetts are expected to begin in July.     

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The Boston city skyline taken from a boat in the nearby harbor.

Marijuana Policy Project Drafting Massachusetts Cannabis ‘Sanctuary State’ Legislation

The Marijuana Policy Project in Massachusetts is drafting legislation which would prohibit state and municipal employees from cooperating with federal authorities in any crackdown on the legal cannabis industry, according to Boston University’s Daily Free Press.

According to Jim Borghesani, the Massachusetts spokesman for the MPP, “The Refusal of Complicity Act” would ensure the state maintains solidarity in curbing the legal cannabis industry in the state.

“So if there’s a scenario – it might be that the federal government decides they are going to charge a legal operator with a crime – no local police agency would be able to participate in that operation in any way whatsoever.” – Borghesani, to the Daily Free Press

MPP Massachusetts Political Director Will Luzier indicated that the legislation may include a section preventing the state from engaging in civil enforcement – which allows law enforcement to seize and sell land used for cannabis cultivation and commerce even if the owner has not been convicted of any crime.

The measure, a move to counteract any federal enforcement on the state’s voter-approved cannabis legalization policy, would need to be adopted by state lawmakers and introduced in the legislature. If approved, it would make Massachusetts a cannabis “sanctuary state.”

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Massachusetts U.S. Attorney ‘Cannot Provide Assurances’ Cannabis Licensees Won’t Face Federal Prosecution

In a memo dated Jan. 8, the U.S. Attorney in Massachusetts, Andrew E. Lelling, said he cannot “provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution.”

“This is a straightforward rule of law issue. Congress has unambiguously made it a federal crime to cultivate, distribute and/or possess marijuana. As a law enforcement officer in the Executive Branch, it is my sworn responsibility to enforce that law, guided by the Principles of Federal Prosecution. To do that, however, I must proceed on a case-by-case basis, assessing each matter according to those principles and deciding whether to use limited federal resources to pursue it.” – U.S. Attorney Lelling in a memo

The memo comes less than a week after Attorney General Jeff Sessions announced he was rescinding the federal cannabis industry protections outlined in the 2013 Cole Memo, issued by former Deputy Attorney General James M. Cole. Lelling indicated that “people and groups” had sought additional guidance as Massachusetts regulators move forward implementing rules for the state’s voter-approved adult-use cannabis program.

“Our priority has always been to protect public safety and develop regulations that are compliant with all laws including those passed by the voters and the legislature legalizing the recreational use of marijuana in the Commonwealth. As for as the mandate and the work of the Cannabis Control Commission is concerned nothing has changed.” – Statement from Massachusetts Cannabis Control Commission

Sessions, in his memo rescinding the Cole Memo protections, said “prosecutors should follow the well-established principles that govern all federal prosecutions.”

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Picture of cannabis fan leaves inside of a commercial cannabis grow operation.

Massachusetts Cannabis Regulators Approve Rec. Draft Rules

Massachusetts’ Cannabis Control Commission has approved draft regulations for the forthcoming recreational cannabis industry, including rules for cannabis clubs and potential licenses specifically for research, according to a WCVB5 report. The regulations are not final and require public comment before gaining final approvals.

What else is included? Rules allow home-delivery, but require positive identification that the buyer is 21-years-old or older and that they sign for deliveries. The research license would allow a facility to cultivate and purchase cannabis but not sell it. Human testing could be considered on individuals 21-and-older if approved by a review board. The rules also include equity provisions to ensure industry opportunities are available to communities targeted by the War on Drugs – specifically residents of minority neighborhoods.

Municipalities in California – Los Angeles, Oakland, and San Francisco – include similar provisions. Similar provisions in Ohio’s regulations have led to a lawsuit from a rejected cultivation applicant, claiming the provisions run afoul of the state Constitution’s equal protection clause. Lawmakers in Maryland are also considering adding 10 new cultivation and processor licenses for minority business owners.

Jim Borghesani, spokesman for Yes on 4 campaign: “While we have a few minor changes we’d like to see, including removing the requirement for delivery recipients to provide signatures and the requirement for license applicants to hold mandated public hearings, we commend the commission for putting together a strong, sensible package of regulations.”

Legal cannabis sales are set to begin in Massachusetts July 1.

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The Massachusetts Statehouse building in Boston, Massachusetts.

Massachusetts Cannabis Regulators Approve Social-Use Policy

Massachusetts‘ Cannabis Control Commission has approved a social-use policy that will allow cannabis to be consumed on premises in so-called “cannabis cafés,” WBUR News reports. Under the rules, budtenders will need to undergo training to identify whether a patron should be cut off and alcohol will not be served at the cafés.

“I think that with cannabis use, having been so underground as part of prohibition, it was something that had to be kept secret and as a result, there wasn’t as much opportunity for education and awareness and the sharing of information about responsible use, so that’s the part I’m excited about.” – CCC Commissioner Shaleen Title.

The social-use licenses will extend to other businesses, such as spas, although the commission will discuss additional policies and is expected to vote on draft regulations by the end of next week.

Cannabis Advisory Board Member Michael Latulippe called the measure “transformative.”

“I think we’ll be the first state in the country to offer this, so essentially we will have in place a regulated, safe and controlled system by which to consume cannabis on site and legal businesses.” – Latulippe

The state’s cannabis regulations must be approved by mid-March in order for the industry to roll out on July 1.

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Two enthusiasts enjoy a cannabis vape pen and cups of tea at a wood-carved table.

‘Cannabis Clubs’ Being Considered in Massachusetts

A Massachusetts Cannabis Advisory Board subcommittee has recommended that state regulators allow public use – or so-called cannabis clubs – under the state’s adult-use regime, which they suggest could keep cannabis products away from children but also limit how much product is illegally diverted out-of-state, according to a State House News Service report.

The measure, presented by the Cannabis Industry Subcommittee, would allow consumers to purchase cannabis products and use them at the same location. Michael Latulippe, member of the CAB and official with the Massachusetts Patient Advocacy Alliance, said the facilities would “potentially alleviate the need for some parents to go home with cannabis.”

“It also alleviates the issue of interstate trafficking with tourists and people who are going to be coming to the state,” he said in the report. “Requiring them to buy large quantities of cannabis could cause for some problems.”

The proposal, which will likely be incorporated into draft regulations for the legal cannabis industry, includes recommendations for on-site “serving size” and a cut-off recommendation for budtenders to stop serving a consumer. The subcommittee suggests that licenses for on-site consumption be available to businesses for which cannabis sales represent 51 percent of overall sales, but would like to see exceptions for hotels and restaurants who would like to allow cannabis use or use cannabis as an ingredient. The subcommittee also recommended that the regulations include air quality regulations at on-site consumption facilities.

The Market Participation Subcommittee recommended the Cannabis Control Commission include equity provisions into the industry’s licensing and employment processes to “promote and encourage full participation” by communities and individuals disproportionately affected by cannabis prohibition.

The CCC is expected to submit their draft regulations to the secretary of state by Dec. 29.

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Massachusetts Community College Offering Non-Credit Cannabis Industry Training Program

Gardner, Massachusetts’ Mount Wachusett Community College is partnering with Online Cannabis Education on a not-for-credit Cannabis Career Training Program, according to a Sentinel & Enterprise report. The course will cover cannabis cultivation, cooking, budtending, and other legal and business aspects of the industry.

Rachel Frick Cardelle, interim vice president of Life Long Learning at the college, indicated that after voters approved the legalization ballot initiative President James Vander Hooven wanted to evaluate offering a course like they would any “program that came to use for workforce development.”

“Is there a need? Does the industry want to see it? (Are) people who come out of the training … going to be better capable at taking the jobs?” she said in the report, adding that she believes the CTU program will provide the right workforce training.

“If people are going to work in any industry I would want them to be educated in any industry they’re working in,” she told the Sentinel & Enterprise. “This is a way for them to do that.”

The program costs $299 for year-long access to online modules, quizzes, and certification exams. The certification programs are not a requirement but according to CTU CEO Jeff Zorn, the certification “sets students apart from other applicants.”

This is the first partnership with CTU and an institute of higher learning, but Zorn said he anticipates other colleges and universities will soon offer the course.

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Prison barbed wire wrapped in circles around the top of a prison fence.

Massachusetts Bill Would Allow Some Cannabis Convictions to be Expunged

A criminal justice reform bill making its way through the Massachusetts legislature would allow individuals convicted of cannabis possession to completely expunge the record, according to a MassLive report. The House provision is part of a broader criminal justice reform package that includes language allowing citizens with otherwise clear records to expunge some offenses 10 years after conviction, and after any period of probation or incarceration is complete.

Under current state law, individuals convicted of cannabis possession can petition a judge to have their record sealed; however sealed records are still available to law enforcement officers, courts, and some licensing agencies.

According to the report, expungement would be available for juvenile convictions; convictions for a single crime committed between the age of 18 and 21; criminal charges that were adjudicated without a conviction; erroneous convictions; and for charges that are no longer criminal, such as cannabis possession.

The state Senate has already passed a version of criminal justice reform, and the House version is set to be amended before being sent to a bi-cameral legislative committee which will come up with a compromise bill that will be reintroduced and voted on by both houses.

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Two More Members Tabbed for Massachusetts Cannabis Control Commission

Officials in Massachusetts have appointed two more members to the state Cannabis Control Commission, adding Kay Doyle, former deputy general counsel to the Department of Public Health, and Shaleen Title, co-founder of THC Staffing Group, a cannabis industry recruiting firm.

Title is an attorney who specializes in cannabis regulations and co-authored the voter-approved referendum to legalize cannabis in the Bay State. She is also a founding board member of the Minority Cannabis Business Association, and sits on the boards of the Marijuana Majority and Family Law and Cannabis Alliance. Title said she was “honored to be entrusted with implementing the will of the Commonwealth’s voters in forming a new post-prohibition approach” to cannabis regulation.

Her appointment fulfills the requirement that one member of the commission has a background in legal, policy, or social justice issues related to a regulated cannabis industry.

“I’m especially eager to help Massachusetts set a good example for other states in creating a newly legal market that champions equity, including for communities that have been targeted by past criminalization policies,” she said in a press release.

Doyle, who acted as primary counsel to the Medical Use of Marijuana Program, said she was “humbled” by the appointment. Doyle fills the requirement that at least one commissioner has experience in cannabis industry oversight or industry management, including commodities, production, or distribution.

“I look forward to working with Chairman [Steven] Hoffman and my fellow commissioners to implement safe and sensible regulations that protect the health and wellness of Massachusetts residents,” she said in the release.

The new commissioners, who will serve three-year terms, were picked by Gov. Charlie Baker, Treasurer Deb Goldberg, and Attorney General Maura Healey.

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Analysts Suggest Massachusetts Cannabis Industry Could Reach $450M During First Year

Analysts from New Frontier Data project Massachusetts’ legal cannabis industry could be worth $450 million during the first year of retail sales, equating to as much as $90 million in tax revenues, according to an outline of the report by Wicked Local. By 2020, the report says the state’s industry could reach as much as $1.2 billion in sales and $240 million in taxes.

Beau Whitney, a senior economist for New Frontier, said those figures “are assuming a relatively smooth rollout of the regulatory infrastructure and assumes demand will build over time through greater participation in a regulated space, and that people will feel comfortable with cannabis in their communities.”

In July, lawmakers approved legislation revising some aspects of the voter-approved law included raising the combined local and state taxes on cannabis products from 12 to 20 percent, including allowing municipalities to impose a 3 percent tax on sales. The state Department of Revenue has estimated legal cannabis sales could be worth just $64 million during the program’s first year.

According to a report last month from the Associated Press, more than 100 Massachusetts localities have imposed moratoriums, zoning regulations, or outright bans on retail cannabis sales. The bans are mostly focused on adult-use sales rather than medical cannabis operations.

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A judge's gavel rests on its pedestal next to a stack of legal books.

Massachusetts Supreme Court Rules Field Sobriety Tests Not Valid to Test Cannabis Impairment

The Massachusetts Supreme Judicial Court has ruled that field tests currently used to test for alcohol impairment cannot be used to determine if a driver is impaired by cannabis.

In the ruling, Justice Frank Gaziano, pointed out that “there is no scientific agreement on whether, and if so, to what extent” the current field sobriety tests – such as the horizontal gaze nystagmus, walk and turn, and one leg stand tests – “are indicative of marijuana intoxication.”

“Some studies have shown no correlation between inadequate performance on FSTs and the consumption of marijuana; other studies have shown some correlation with certain FSTs, but not with others; and yet other studies have shown a correlation with all of the most frequently used FSTs,” he opined.

Moreover, Gaziano said that because cannabis affects individuals differently, and to what extent is not commonly known, “neither a police officer nor a lay witness who has not been qualified as an expert may offer an opinion as to whether a driver was under the influence of marijuana.”

The justices conclude that police officers “may not testify to the administration and results” of field sobriety tests in cannabis intoxication cases and that lay witnesses “may not offer an opinion that another person is ‘high’ on marijuana.”

The court ruled that while officers “may testify to observed physical characteristics” of drivers, such as “bloodshot eyes, drowsiness, and lack of coordination” officers are not permitted “to offer an opinion that these characteristics mean the driver is under the influence of marijuana.”

The case, COMMONWEALTH v THOMAS GERHARDT, will be moved back to District Court to continue, consistent with the higher court’s opinion.

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Massachusetts Cannabis Commission Chair Says Prohibition has Failed

In his first public comments since being tabbed to chair the Massachusetts Cannabis Control Commission, Steven Hoffman admitted that he believes prohibition has failed – and that he smoked a joint while visiting Breckenridge, Colorado, the Boston Globe reports. Moreover, he indicated he was committed to supporting the retail program approved by voters last November.

“Addiction to, and misuse of, harder drugs than marijuana is a big problem,” Hoffman, the former Bain & Co. partner said in the report. “But clearly what we’ve been doing as a country for the past 40 years hasn’t helped. I’m not sure I have a magic solution, but there’s a logic that, if you prohibit something that’s desired by people and is relatively harmless, all it does is create illicit trade.”

During the Globe interview, he admitted he had voted against the ballot initiative because he “thought a slower and more studious approach would be better” but stopped short of promising that the industry would be in place by July. He did pledge to run the commission in an “open and honest” fashion.

“I’m a realist, and if the reality is it can’t be done, it can’t be done,” he said, adding that while in Colorado he noticed that the cannabis businesses there are “professionally run, profitable…(and) an asset to communities.”

Valerio Romano, an attorney who represents cannabis businesses, said Hoffman “does not seem like the guy he did when [advocates] got his resume.”

“He’s not one of these ‘Reefer Madness’ people,” Romano told the Globe. “He seems like a far more progressive, thoughtful person — like somebody I could work with.”

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Massachusetts Treasurer Picks Legalization Opponent to Head Cannabis Control Commission

Yet another cannabis legalization opponent has been named to the Massachusetts Cannabis Control Commission, as Steven Hoffman has been tabbed to lead the agency by Treasurer Deborah Goldberg. Hoffman, a former partner at the management consulting firm Bain & Company, joins other legalization adversaries in state Sen. Jen Flanagan and Walpole Police Chief John Carmichael Jr., who were appointed by Gov. Charlie Baker.

According to WBURHoffman voted “no” on the legalization ballot question.

“I hope to guide this Commission thoughtfully and responsibly as we implement the legalization of recreational marijuana in Massachusetts,” Hoffman said in a statement. “We have a lot to do, I am excited to get to work.”

Under the legislature’s version of the voter-approved law, the treasurer’s appointee was required to have finance, securities, or corporate management experience. In addition to his work running Bain’s 600-person Boston office, Hoffman has served as the executive vice-president and chief strategy officer at Sapient, and senior vice president at CSC Index – both corporate management consulting firms.

“Steven brings a wealth of invaluable experience from a long and distinguished career in business development, corporate strategy and senior management,” Goldberg said in the release. “I am confident that he will serve the Commonwealth well and steer this brand-new industry in the right direction.”

Hoffman, 64, will serve a five-year term.

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The sun shines through a New England forest, pictured here piercing the foliage just above the trunk of a fallen tree.

Feds Seek MMJ Patient Info from Northeastern States; Massachusetts Complies

Officials in Massachusetts have complied with a medical cannabis patient data request from the White House National Marijuana Initiative, but Gov. Charlie Baker indicated that none of the submitted information can be used to identify patients, CBS Boston reports. The information included the gender, age, and date of cannabis prescription for the state’s 40,000-plus registered patients but not specific medical conditions – which was requested by the federal task force.

The National Marijuana Initiative is a project contained in the High Intensity Drug Trafficking Areas program created by Congress in 1988. According to the report, other states were also sent requests for medical cannabis patient data. The NMI reports directly to the White House and not the Justice Department or Attorney General Jeff Sessions.

Baker said officials would not do “anything that is going to violate anybody’s privacy.”

Dan Quigley, deputy coordinator for the NMI, told the Boston Globe the request was part of a project researching whether there was a link between how states regulate medical cannabis and cannabis use among different age groups within the general public.

“There are no black helicopters warming up in the bullpen,” Quigley, a former Colorado police officer and cannabis legalization opponent said in the report. “I have no idea where this is going to take us yet.”

According to the Globe report, other states asked for medical cannabis patient information by the NMI include Connecticut, Rhode Island, Maine and Vermont.

Update 8/28/17: In an email to Ganjapreneur, it was confirmed by Marijuana Program Administrator Lindsey Wells that the Vermont Marijuana Registry also received and complied with the NMI request.

The provided information included the approximate number of medical cannabis applications Vermont has received each year, which has risen from just 566 in 2012 to a whopping 4,310 in 2016. The information also covered the average age of cannabis patients in Vermont, which has risen from approximately 50 in 2013 to 53 years old in 2016, as well as the most popular conditions cited for medical cannabis access — of which, unsurprisingly, chronic pain (1,205 cases) tops the list with cancer (167), Multiple Sclerosis (77), and nausea (46) trailing far behind.

However, Vermont does not track the gender of its medical cannabis patients.

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Massachusetts Gov. Appoints Cannabis Legalization Opponent to Control Commission

Massachusetts Gov. Charlie Baker has appointed state Sen. Jen Flanagan to the state’s Cannabis Control Commission, the Boston Globe reports, his second appointment of a cannabis legalization opponent to oversee the industry. Earlier this month Baker appointed Walpole Police Chief John Carmichael Jr. to the Cannabis Advisory Board; Carmichael has said that medical cannabis dispensaries would be fronts for “illegal distribution and money laundering.”

Flanagan, a Democrat, was one of 119 state lawmakers that opposed Question 4, calling cannabis legalization “the wrong path for the state” as the country is mired in the so-called opioid epidemic. In a statement from Baker’s office, however, she said she was “honored” to receive the appointment. She is the first of five commissioners to be appointed to the CCC.

Baker called Flanagan “a champion and important partner with us on bipartisan efforts to enact comprehensive legislation around substance use prevention, treatment and recovery.”

“Her experience and service will be invaluable . . . as [officials], educators, and public health and safety professionals work together to ensure the effective, responsible and safe implementation of the adult use of marijuana,” the governor said in a statement.

Jim Borghesani, the communications director for the legalization campaign, said advocates “hope that Sen. Flanagan will put her personal position aside in order to advance the will of Massachusetts voters.”

According to the Globe, Flanagan is expected to resign from her state Senate seat by Aug. 31.

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Massachusetts Gov. Makes Cannabis Advisory Board Appointments

Massachusetts Gov. Charlie Baker has appointed five members to the state’s Cannabis Advisory Board, including Walpole Police Chief John Carmichael Jr. who in 2012 quipped that it would be “illogical” to believe that medical cannabis dispensaries “will not be fronts for illegal distribution and money-laundering,” the Boston Globe reports. Carmichael also campaigned against the adult-use legalization measure in uniform and said he was “heartbroken” when the initiative passed.

However, in his first interview following the appointment, Carmichael struck a conciliatory tone, saying he would “reserve” his personal opinions and “focus on providing thoughtful, sound recommendations.”

“I’ll try to limit my role to what I know the most about, which is the public safety side of things,” he said in the report. “There’s a lot we can do to make sure we’re preventing youth access and diversion.”

Carmichael has experience providing public safety guidance on cannabis regulations. He previously served as the police community liaison to the medical cannabis program during its implementation.

Baker also chose Kim Napoli, a labor and employment attorney who co-founded the Hempest, to represent minority businesses; Mary Ann Pesce, a former Gillette and Procter & Gamble executive who serves on the boards of directors for several Boston-area companies, to represent employers; Lydia Sisson, co-founder of urban food production and sustainability initiative Mill City Grows, to represent the agricultural community; and Henry M. Thomas III, Urban League of Springfield leader, to represent the interests of low-income communities.

Another 10 members of the 25-member commission were appointed by state Attorney General Maura Healey and Treasurer Deborah Goldberg. The remaining 10 members come from various interest groups, such as medical cannabis patients, named in the voter-approved law. Next, the advisory board will appoint a five-member Cannabis Control Commission that will regulate the industry.

Adult-use sales are expected to begin in Massachusetts July 1, 2018.

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Jack Hudson: Heading a Combined Cultivation, Processing, and Retail Operation in Massachusetts

Jack Hudson is the founder and CEO of Ermont Inc., a licensed medical cannabis company based in Quincy, Massachusetts.

Founded in 2013, Ermont is a medical cannabis operation that spans all aspects of the industry, including cultivation, production, processing, and retail. Ermont opened its dispensary’s doors in late 2016 and has already attracted local and national headlines — both inside and outside of the industry — for some of the company’s truly unique infused edible offerings, including personal pizzas, honey, and peanut butter.

In the following interview, we catch up with Jack to talk about Ermont’s business strategies, hiring policies, product development processes, and more!


Ganjapreneur: For someone new to medical cannabis and to Ermont Inc., what’s the most important thing they should know before coming in to make a purchase?

Jack Hudson: Although the Patient Services Agents at Ermont will spend as much time as needed during the first visit, it’s always helpful when a patient does some of their own research as to what medicine might best help relieve their symptoms.

In all areas of health care, not just in medical marijuana, patient education is an important part of successful treatments and outcomes. Part of that education comes through consultation with a doctor or, in our case, the cannabis experts in our dispensary, and part of it is self-education. We really encourage that for all patients.

With all of the consumption options in the modern industry — flower, concentrate, edibles — how do you decide which products you want to produce or sell?

We do of course offer the basic products you mentioned – flower, concentrate and edibles – and we are always listening to what our patients have to say about the type of consumption they’re looking for – or even think they’re looking for. There may be trends we can focus on for our particular patient population and market, or there may be a specific product to introduce.

That really comes through in our edibles menu which has a wide range of appealing marijuana-infused products. Here, too, we have the basics such as chocolates and fruit chews and lozenges, but our talented edibles staff, who come from Boston’s vibrant restaurant scene, have really stretched the boundaries for edible offerings in Massachusetts.

For example, you may have heard of the cheese pizza that we launched in June. This is a pre-baked, sold-frozen personal pie that patients can heat up. It provides an enjoyable way to consume a dose of medical cannabis. This product proved quite popular just by the very nature of combining pizza with marijuana, and there is a long list of culinary innovations from chipotle cornbread and peach cobbler, to vegan mayonnaise and hot wing sauce. Menu items come and go, just like at a restaurant, based on the tastes, so to speak, of our patients.

How many employees does Ermont have?

Fifty.

Also, what qualities do you look for the most when hiring and how much training do new employees typically need?

Because we are a registered medical marijuana dispensary serving patients with a retail-like storefront, customer service skills are crucial. Our employees must be solid in this area and they must be able to work in an environment where change is constant – this is still an emerging industry in Massachusetts after all. When hiring folks, we want to see a passion for the medical marijuana industry and the patients that we collectively serve.

What kind of experience or qualities did you look for when putting together your cultivation and production team?

Key for our employees is an ability to follow cultivation and production team leaders’ instructions and guidance. We also appreciate a willingness to learn, a clear passion for the industry, attention to detail and anyone who is a self-starter.

What are the most difficult and most rewarding parts of running a cannabis dispensary?

The most difficult aspects of running a cannabis dispensary operation stem from the remaining uncertainties surrounding the cannabis industry in general in Massachusetts. It is still a new and evolving industry overall, with a rollout of recreational marijuana on the horizon as well.

On the flip side, all of this is worth it when we witness the progress our patients have made through the use of medical marijuana. One such story involves a regular patient who always visited Ermont in a wheelchair – until one day he entered the dispensary using a walker. We were amazed to see this milestone, and so pleased when he attributed his improvement to the use of medical marijuana. Nothing is more rewarding than something like that.

What has been the most surprising part of running a medical cannabis operation so far?

The fact that the challenges and opportunities look just the way they do in other businesses, industries, and sectors. Also, having strong support from city government and the local community around Ermont have been critical in setting the stage for a successful operation.

With so many horror stories out there about the over-regulation of the cannabis industry at the municipal level, do you have any tips for fostering a good relationship with local officials?

As with any healthy relationship, regular communication, honesty and transparency are critical. We have been fortunate to have a strong relationship with officials in the city of Quincy; they understand our mission and appreciate our approach. We also strive to give back to the community, in part through our community host agreement with the city of Quincy that has generated funding for substance abuse education and a full-time substance abuse coordinator. We also launched Ermont Cares, a charitable initiative that donates proceeds from a designated product – infused chocolates – to a local organization. Our first beneficiary is DOVE, a domestic violence shelter.

Have you ever been surprised by the success or popularity of a specific product or type of product that you offered?

Offering edibles which can be consumed as part of a meal vs. a treat seemed to just make sense to our team. Yet we were still pleasantly surprised by the reception we received for certain products, such as hot chocolate in the colder months and everyday foods such as mac ’n’ cheese, muffins and quiches. The key, we believe, is to check in with our patients to get an idea of what they’re looking for at any given point.

About how much time goes into the R&D of new edible offerings?

Sometimes weeks, sometimes months, depending on the complexity of the product and the underlying recipe. Our edibles team spends a lot of time experimenting, just like chefs in a kitchen, and even before they pick up a spoon or turn on the stove, they are just talking things over conceptually, sort of like mapping out a restaurant menu. Just to give you an example, our cheese pizza product, which turned a lot of heads recently, took about two to three months from inception to finished product.

What was the biggest obstacle you have had to overcome so far?

“Obstacle” is a bit extreme but I would say that a challenge Ermont has faced since we opened in October 2016 would be keeping up with the rapid growth in patient volume.

What advice would you offer to someone who wants to launch their own career as a cannabis entrepreneur?

I’ll keep it simple: Hold onto your vision, because it’s easy to become distracted.


Thanks, Jack, for taking the time to answer our questions! To learn more about Jack Hudson or Ermont Inc., you can visit ErmontInc.org.

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The Massachusetts Capitol Building in Boston, Massachusetts.

Massachusetts Gov. Signs Adult Use Cannabis Compromise Bill

Massachusetts Gov. Charlie Baker on Friday signed legislation revising some aspects of the voter-approved taxed-and-regulated cannabis industry, putting the adult-use rollout on track for July 1, 2018, according to an Associated Press report.  The lawmaker-approved measure raises combined local and state taxes on products in the recreational marketplace from 12 to 20 percent. Medical cannabis sales will remain untaxed.

Additionally, the bill signed by Baker – who still opposes the law – sets strict packaging and advertising limits and provides directives for municipalities that wish to ban industry operations. Baker also indicated that he would provide additional resources to regulators if they need them. So far, Baker has included $2 million in the state budget for the five-member Cannabis Control Commission; lawmakers have approved another $300,000 to fund the program’s implementation.

Under state rules, current licensed operators will have the first crack at supplying and dispensing products under the adult use regime. Currently, there are 99 registered medical cannabis facilities and five farms. All interested individuals and businesses can begin applying in April, but current operators will be able to go through an expedited review process because they have already been vetted by the Health Department, the Boston Herald reports.

Sen. Patricia Jehlen said the expedited process will ensure “there’s going to be enough supply to serve the retail markets” as officials are hoping to avoid running low on product as was the case when Nevada began legal sales earlier this month.

The state Department of Revenue estimates legal cannabis sales could be worth $64 million in state revenues during their first year.

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A judge's gavel rests on top of a blue legal notebook.

Lawyers in Massachusetts MMJ-Employment Case Explain Significance of Ruling

Earlier this week, the Massachusetts Supreme Judicial Court ruled that a medical cannabis patient could sue her former employer for handicap discrimination after they fired her for testing positive for cannabis on a drug screening. According to her lawyers, the decision by the court was “very significant” but acts neither as a de facto protection for registered medical cannabis users in the state nor makes them “untouchable.”

“Before this ruling [medical cannabis patients] were the opposite of untouchable,” said Matthew Fogelman, an attorney for the plaintiff and owner of Massachusetts-based employment law firm Fogelman & Fogelman. “They were sort of without remedy because if they failed a drug test, they failed a drug test and that was the bottom line.”

Now, following the landmark ruling, Massachusetts employers will have to treat medical cannabis “like any other medication,” Fogelman said. “[The employee] may need some sort of accommodation, so the company now has to engage in interactive dialogue, an interactive process with the employee… They have to go through that analysis now.”

That analysis would include whether the accommodation sought by the employee was “reasonable” and whether it would create “an undue burden” for the employer.

A landmark victory for cannabis patients

In the case, Barbuto v. Advantage Sales & Marketing, LLC, the six-judge panel ruled that the medical cannabis use by the employee, Christina Barbuto, did not create such an undue burden for her employer, Advantage Sales & Marketing, because she used the medicine at home, after work, and “an employer would not be in joint possession of medical marijuana or aid and abet its possession simply by permitting an employee to continue his or her off-site use.”

Adam Fine, a partner at Vicente Sederberg who also worked on the case, said that the court ruling clarified “that there are protections for medical marijuana patients that are duly registered in the Commonwealth” but there “would have to be a similar fact scenario” to the Barbuto case.

That fact scenario, Fine explained, “is someone with a serious medical condition that has a medical marijuana card that uses marijuana outside of work and there is no impairment on the job, which is not a public safety position.”

Fogelman said that the decision is “one other states could look to” if and when similar cases are tried outside of Massachusetts. “Because the Massachusetts court went further than other courts have gone it’s certainly easier for another court in a different state to do the same thing because it can now rely on the Massachusetts decision,” he explained.

Discrimination case vs. employer can move forward

Fine, whose firm specializes in cannabis law, said that he had never dealt with a case such as Barbuto’s and applauded Fogelman for having the courage to take on a potentially controversial case, acknowledging that Barbuto had approached several firms before Fogelman accepted the task.

“[She] had encountered being turned away from other employment lawyers prior to finding Matt,” Fine said, adding that while he has fielded calls from medical cannabis patients who felt they were discriminated against at work, many didn’t want the publicity from the case and wanted to remain private rather than advance the legal process.

Effectively, the court ruling will allow Barbuto’s discrimination case against her former employer to move forward, which Fogelman said could take about two years to conclude. In that case, Barbuto is seeking damages related to her termination.

The Barbuto v. Advantage Sales & Marketing, LLC case marks the first court ruling in favor of a patient who was fired by their employer for using doctor-recommended cannabis medicine.

The case was one of first impression in Massachusetts but runs contrary to what courts in other states have decided. In the case of Coates v. Dish Network, the Colorado Supreme Court ruled that an employee could be fired for using medical cannabis off-duty. In that case, the plaintiff, Brandon Coats, had claimed he had been wrongfully terminated for failing a drug test for cannabis.

In Washington, which like Colorado allows recreational cannabis use, the U.S. Western District Court also ruled against the plaintiff in Swaw v. Safeway, Inc, affirming the company’s decision to fire an employee who was enrolled in the state’s medical cannabis program. In 2008, a federal judge in Michigan threw out a wrongful termination case brought against Walmart by a medical cannabis card holding employee who failed a post-accident drug test.

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A dispensary worker at the National Holistic Center in Washington D.C. shows off a handful of nugs.

Massachusetts Supreme Court Rules in Favor of Fired MMJ Patient

The Massachusetts Supreme Judicial Court has ruled that a registered medical cannabis patient who tested positive for cannabis could sue her former employer for handicap discrimination, according to a report from Reuters. Her employer had successfully argued in lower courts that they had the right to fire her because cannabis is illegal under federal law.

An attorney for Christina Barbuto, the ex-employee of Advantage Sales and Marketing who suffers from Crohn’s disease, called the ruling “a ground-breaking decision” for employees in Massachusetts.

“This is the highest court in Massachusetts recognizing that the use of medically prescribed marijuana is just as lawful as the use of any prescribed medication,” he said in the report.

Barbuto was fired following her first day on the job after failing the drug screening.

In the decision, Chief Justice Ralph Grants opined that if cannabis is prescribed by a physician, “an exception to an employer’s drug policy to permit its use is a facially reasonable accommodation.”

The six-judge panel said that the employee, not the employer, could have been federally prosecuted for Barbuto’s cannabis use, therefore allowing her to continue using cannabis therapies is not “per se unreasonable as an accommodation.”

The decision sets a legal precedent in the state and could have impacts in other states with medical cannabis programs.

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Skyline view of Boston, Massachusetts on a cloudy day.

Massachusetts Marijuana Conference Bill Would Nearly Double Rec. Market Taxes

The Massachusetts Marijuana Conference Committee is seeking to raise the tax rate on the voter-approved recreational cannabis industry to 20 percent – a compromise with their colleagues who want the rate to remain at the 12 percent called for in November’s initiative, according to a report from Boston Business Journal. The committee’s proposal also keeps the ability to ban the industry from municipalities in the hands of voters.

State Sen. Patricia Jehlen, a member of the committee, said the measure “removes the barriers to the development of a legal market” while protecting the “right of adults to grow, possess, and use” cannabis.

“It protects the rights of medical marijuana patients, and gives opportunity to farmers and to people who have been harmed by the War on Drugs,” she said in the report. “The tax rate remains among the lowest in the country, and the same as in Oregon, often seen as successful.”

Under previous legislative proposals, the House had pushed for a 21.75 percent rate, while the Senate wanted to keep the rate at 12 percent. The measure, which requires the approvals of both chambers, pushes the excise tax provided under the initiative from 3.75 percent to 10.75 percent. It includes a 1 percent increase on the local option excise tax – from 2 percent to 3 percent. State taxes will also apply to recreational cannabis sales. Medical sales would remain untaxed.

Additionally, the bill would allow some cannabis convictions to be expunged; specifies that funds generated from the market will be used for “restorative justice, jail diversion, workforce development, and technical business assistance for people in communities that have been disproportionately impacted by the War on Drugs;” legalize hemp production in the state; and gives directives to the Cannabis Control Commission regarding product marketing, labeling, and safety.

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Massachusetts Legislative Leaders Hopeful for Cannabis Tax Compromise

In an interview with WGBH’s “Greater Boston,” Massachusetts House Speaker Robert DeLeo indicated that the House might be willing to compromise on the chamber’s proposed 28 percent sales tax on cannabis sales, according to a Greenfield Recorder report. The Senate had voted to keep the tax rate at 12 percent – the rate approved by voters in the original legislation.

DeLeo was joined on the program by Senate President Stanley Rosenberg who said that Sen. Patricia Jehlen and House Majority Leader Ron Mariano – who are heading up the six-member cannabis conference committee – would “negotiate” and “figure it out.” Rosenberg added that Jehlen’s primary concern is that if the tax rate is set at 29 percent, it would “seed the black market.”

“I suppose there could be some negotiation,” DeLeo said to Rosenberg during the broadcast.

The committee is working on a self-imposed Friday deadline, hoping to get a compromise bill to the desk of Gov. Charlie Baker so the new Cannabis Control Commission would have a full year to roll out the adult-use regime.

DeLeo also defended changes in the law that allow municipal officials to ban cannabis industry operations rather than a town or city-wide referendum. He said that allowing municipal lawmakers to make those decisions are “less expensive” and allows for quicker decision making. Rosenberg disagreed, pointing out that under the current scheme, voters in 39 communities have already taken steps to implement moratoriums or bans and another 120 communities are considering their own action.

DeLeo pulled the House recreational cannabis bill from consideration two weeks ago for a “clean up” after advocates said the proposal would raise cannabis taxes as high as 56 percent.

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