Following the Cannabis Control Commission’s Dec. 14, 2023 meeting, during which Commissioners and staff discussed progress in implementing HCA and municipal equity regulations promulgated pursuant to Ch. 180 of the Acts of 2022, Equitable Opportunities Now submitted the following public comments by email:
Dear Acting Chair Concepcion; Commissioners Camargo, Roy, & Stebbins; and Commission Staff:
First, thank you all for another deliberative and collaborative meeting, and particularly for your thoughtful consideration of EON and BECMA’s feedback. We are encouraged by today’s progress for delivery operators and look forward to future opportunities to engage.
I am writing in response to the presentation and discussion regarding the implementation of Ch. 180 of the Acts of 2022. We appreciated Director Kyle Potvin’s update regarding the Commission staff’s progress in implementing the CCC’s historic new municipal HCA and equity regulations.
Model HCA
We are encouraged to hear that a draft model HCA has been finalized and is being reviewed for feedback by staff. We hope that the Commission will provide ample opportunity for stakeholder feedback before the model HCA is finalized.
It is unclear whether the model HCA will be subject to a formal regulatory review process with the Commission voting to approve a draft and start a comment/hearing period and public revision process. If so, I am concerned that the narrow constraints on scope provided in a formal regulatory revision session may not offer sufficient opportunity for the Commission to adapt the model HCA based on stakeholder feedback.
Please consider using your email list, website, and social media to solicit an initial round of feedback from stakeholders prior to voting to advance a draft through the regulatory review process, if that is indeed the process. If this document will undergo a less formal sub-regulatory drafting process, we urge you to ensure that the process provides an opportunity for meaningful stakeholder feedback and changes based on that feedback.
Model Municipal Equity Ordinance or Bylaw
Section 3 of 935 CMR 500.181 specifies that “Municipalities are presumed to have met the Commission’s minimum acceptable equity standards for promoting and encouraging full participation in the regulated Marijuana industry by… Adopting the Model Ordinance or Bylaw created by the Commission to permit Social Equity Businesses…”
I am writing because I was concerned that there was no mention of this important resource for municipalities. A model ordinance or bylaw is an important tool in the toolbox of cities and towns seeking to comply with the Commission’s new regulations and we urge the Commissioners and staff to prioritize the drafting of a model ordinance or bylaw in tandem with the model HCA and other resources to support compliance with the March HCA and May municipal equity deadlines.
In addition to exclusivity and 1:1 ratio ordinances, this model bylaw is one of the only other guaranteed ways municipalities can ensure compliance with the state’s municipal equity licensing standards. We urge the Commission to take a comprehensive approach that both highlights and requires the most impactful ways local governments can foster equity using combinations of programs.
Given the importance of this document, we urge you to ensure that there are ample opportunities for stakeholder input in line with the suggestions offered above for the model HCA. We particularly want to emphasize the value of opportunities for feedback early in the process by using the CCC’s digital assets (email, web, social), soliciting written suggestions, and holding virtual and in-person opportunities for input.
Municipal Equity Resources
We were encouraged to hear that the CCC is developing written and web resources to assist municipalities with compliance with the law and for the public to report non-compliance.
If I understood Director Potvin correctly, there is already a mechanism for workers, consumers, patients, and members of the public to submit complaints regarding licensees and, presumably, municipalities. If that’s correct, can you please direct me to where one can find that information on the CCC’s website?
We fully support the development of a robust online and written resource to help municipalities comply with Ch. 180 of the Acts of 2022 and your regulations. We, again, urge you to take advantage of your engaged applicant, licensee, municipal, nonprofit, and other stakeholders by soliciting suggestions as to what information the CCC should make available and how to make it as accessible as possible.
I wanted to make you aware of Equitable Opportunities Now’s Equitable Municipal Cannabis Licensing resource. This tool is still under development and we would greatly appreciate any feedback, questions, or concerns that Commissioners or staff might have to best educate local officials.
Thank you again for all the work that you do to foster a safe, health, and equitable cannabis industry.