On February 3, the Massachusetts Cannabis Control Commission (CCC) issued two public health and safety advisories regarding potentially contaminated marijuana products sold by two separate licensees in Massachusetts.
The first advisory concerns marijuana products sold between May 31, 2024, and January 23, 2025. These products initially passed compliance testing earlier in 2024; however, subsequent testing revealed the presence of yeast and mold above the acceptable limits established for total yeast and mold and coliforms. This contamination poses a threat to public health and safety, and the commission urged consumers and patients to check whether they have any of the affected products in their possession and, if so, to destroy or return the contaminated products to the store for proper disposal.
The second advisory covers products sold between September 18, 2024, and January 30, 2025, and similarly had previously passed the required compliance testing, but additional testing revealed total yeast and mold above the acceptable testing limits. As they did in the first advisory, the CCC urged consumers who experience any adverse health effects after consuming the affected products to seek medical attention and notify the retailer. The cultivator notified the commission of its intention to destroy all remaining inventory related to the affected products.
These advisories highlight the CCC’s ongoing efforts to enhance product safety and compliance as well as their commitment to ensuring accurate and reliable testing. As part of this ongoing effort, in December 2024, the CCC issued Administrative Order No. 4, which is set to take effect on April 1. This order introduces new requirements for compliance testing to address inconsistencies and improve the agency’s ability to analyze testing data.
The primary goal of Administrative Order No. 4 is to ensure proper testing of marijuana and marijuana products sold or otherwise marketed to patients and consumers. Currently, nothing prohibits licensees from selecting multiple independent testing laboratories (ITLs) to perform the required contaminant testing, which the CCC has acknowledged creates a risk for inconsistencies and limits the ability to analyze testing data. Along with other requirements, this order mandates that all licensed adult-use and medical-use cannabis businesses submit one test sample package to a single ITL for all compliance testing.
Below outlines the key requirements of Administrative Order No. 4:
- Single Independent Testing Laboratory (ITL): All licensed adult-use and medical-use cannabis businesses must submit all marijuana and marijuana product test sample packages for all required compliance testing to a single ITL.
- Subcontracting Conditions: If the originating ITL cannot perform certain required tests, it may subcontract with another ITL. However, this is subject to strict conditions, including notifying the CCC of its intent to subcontract certain compliance panel testing and obtaining approval for the subcontracting agreement. ITLs may only subcontract with one other ITL at a time.
- Test Sample Package: Licensees shall not create multiple test sample packages from the same marijuana or marijuana product source package. Licensees may create one additional test sample packages per source package for the purposes of quality control samples.
- Compliance and Enforcement: Failure to comply with the specified conditions may result in disciplinary action against the licensee and its agents up to and including a fine, suspension, and/or revocation of licensure or registration.
The upcoming implementation of Administrative Order No. 4 reflects the CCC’s proactive approach to safeguarding public health and ensuring the integrity of the cannabis market in Massachusetts. By implementing these measures, the CCC aims to maintain high standards of product safety and compliance, ultimately benefiting consumers across the state.
Most recently, on March 12, the CCC testified before the Joint Ways and Means Committee, seeking an expanded budget in the new fiscal year (FY) of $30.08 million, in part to support the urgent need for additional product testing and enforcement technology. During this committee meeting, Acting Chair Bruce Stebbins was quoted saying “[t]his is a crucial time for the Massachusetts cannabis industry with issues like product testing and the rollout of social consumption at the fore. To adequately address these issues – and others like equity programming and technological upgrades – the Commission needs to grow in line with this still-growing industry.”
The Massachusetts Cannabis Control Commission’s recent advisories, the upcoming implementation of Administrative Order No.4, and their advocacy for an expanded FY 2026 budget reflect their commitment to enhancing the safety and reliability of the cannabis industry in Massachusetts. By tightening testing requirements and improving compliance protocols, the CCC aims to protect public health, ensure product integrity, and support the sustainable growth of the cannabis market.
