Overview
In response to this audit report, the Cannabis Control Commission (CCC) provided the following comments related to its post-audit actions.
The actions listed below relate to issues mentioned in the audit. This is not a complete list of all changes made since December 2020.
- Seed-to-Sale Changes:
- June 2021 implemented lab test batches to ensure all testing is complete.
- Embedded limits within Metrc to prohibit the Independent Testing Laboratories (ITLs) from passing a product with test results outside of the contaminant limits.
- The creation of a Product Category Chart to ensure product test type requirements are easily identified by all users.
- Failures are reported in Metrc for test failed or retest failed, and failed product cannot be transferred to retail.
- Licensees add results from remediated products into Metrc. Any retest that does not appear to be fully correct goes from Metrc to the Commission staff for review to determine if the retesting meets standards.
- The Data Manager creating a monthly report of testing dates from Metrc and provide the report to investigators and compliance officers. The report covers all licensees’ inventory, prioritizing retailers and Medical Marijuana Treatment Centers (MTCs).
- Case management system: the case management system was built during the audit period, but is in wider use now.
- Increased staff to about 100, including Commissioners and Executive Director
- Increased to 16 investigators.
- Increased to 9 Licensing Specialists.
- Hired Director of Testing.
- All Commissioners changed.
- Additional hiring is ongoing (2023) for legal, administrative, and other positions.
- Increased ITLs from 2 to 13.
- Accepted Massachusetts Department of Agricultural Resources (MDAR) policy modifications (sub-regulatory) on hemp and issued guidance to Commission licensees and notices to public on how to distinguish hemp products regulated by MDAR and cannabis products regulated by the Commission.
- As of 2023, the Commission reports all positive pesticide tests, including below quantification level (BQL), to MDAR.
- All Marijuana and/or Marijuana Products grown, produced, and sold in the Commonwealth of Massachusetts have required contaminant testing based on the product type and based on the state of the product at the time of testing.
- Lab batch parameters were integrated into the system of record (SOR) by the Commission in June 2021 to ensure all products had complete and compliant testing results before further processing of the product or transfer of the product. These batches require Licensees to select a product type when submitting a testing sample(s), to ensure all testing required of that product has been performed and tested compliantly, prior to allowing the product to be transferred out of the involved Licensee. Lab batches require Licensees to select one of two batches for raw product—“Raw Plant Material (Extraction Only)” or “Raw Plant Material”—ensuring each batch receives the appropriate testing.
- Issued updated Regulations and Guidance documents resulting in:
- Product catalogue to allow anyone over 21 years of age to see all regulated products in the Massachusetts market.
- Updated labeling requirements.
- Prohibited Vitamin E Acetate as agent/ingredient within vaping cartridges [related to electronic cigarette or vaping use–associated lung injuries].
- Issued updated Protocols in February 2021 resulting in:
- Additional reporting obligations for Independent Testing Laboratories (ITL) on pesticide detection limits to ensure compliance. Pesticide detection above the limit of detection (LOD) but below the quantification level (BQL) is now considered out of compliance and reported to MDAR, given their statutory jurisdiction over pesticide use and application.
- Additional heavy metal information and additive disclosures.
- Additional heavy metal and Vitamin E Acetate screening requirements for finished vaporizer products.
- Section 8.0 [of the Protocols] outlines requirements for remediation, reanalysis, and destruction of Marijuana Products.
- Testing caps on marijuana products.
- Clarification on the amount of cannabis allowed per [medical marijuana] patient in a 60-day period.
- Clarifying language on labeling requirements.
- The Commission implemented robust cybersecurity training for all employees in February 2020 that meets [state Executive Office of Technology Services and Security] standards and includes multiple trainings per year for staff.
Auditor’s Reply
We appreciate the actions taken by CCC in response to our audit report. The Office of the State Auditor will be able to assess CCC’s actions in a future audit.
| Date published: | September 26, 2023 |
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