(WORCESTER 9/8/2023) — Today, Second Worcester District Senator Michael Moore testified in a public hearing before the Massachusetts Cannabis Control Commission (CCC) to urge changes to its draft regulations which would allow sex offenders to gain employment in the cannabis industry as retail or delivery operator agents. The new regulations, written as directed by a new law designed to promote diversity and equity in the cannabis industry, would prevent consideration of prior criminal convictions in most cannabis industry hiring decisions with the exception of offenses involving distribution of a controlled substance to a minor. This provision, though written with good intentions, would allow convicted sex offenders to view sensitive personal information and put cannabis customers, and other marijuana workers at risk, Senator Moore says.
“When it comes to the safety of the general public, there should be no higher priority. Cannabis customers have the right to make their purchase without fear of handing over their personal information and home address to someone with a record of sex crimes,” said Senator Michael Moore (D-Millbury). “I agree with the spirit of this law – there are absolutely individuals with criminal records that stem from misguided ‘war on drugs’ policies who should be allowed to work and benefit from the now-legal cannabis industry. But allowing convicted sex offenders to visit customers’ homes or see their sensitive information creates unnecessary risks and endangers everyday Bay Staters. I strongly urge the CCC to amend their proposed regulations to recognize and minimize this risk.”
Passed by the Massachusetts legislature and signed by Governor Charlie Baker in August 2022, An Act Relative to Equity in the Cannabis Industry builds on existing legislation to encourage and facilitate participation in the cannabis industry from communities disproportionately harmed by marijuana criminalization. As part of its efforts to diversify the cannabis industry, the legislation inserted a provision into Chapter 94G of Massachusetts General Law stating that, “a prior criminal conviction or other criminal case disposition shall not disqualify an individual or otherwise affect eligibility for employment in connection with a marijuana establishment, other than an independent testing laboratory, unless the offense involved the distribution of a controlled substance, including marijuana, to a minor.” This provision prompted the CCC to propose eliminating certain suitability standards from existing regulation, two of which disqualify felony sex offenders and those convicted of failure to register as a sex offender from employment in the cannabis industry.
Employees who can access sensitive personal information in many industries and in the public sector are subject to background checks that disqualify individuals convicted of violent and sexual crimes, as are delivery drivers for popular services such as Uber Eats, DoorDash, Instacart, and Caviar. The same standard should apply to cannabis industry workers whose job descriptions include many of the same tasks, argues Senator Moore.
Other policies within the legislation include the establishment of a Cannabis Social Equity Trust Fund, a fund designed to make grants and loans to entrepreneurs from communities disproportionately harmed by marijuana prohibition, changes to the host community agreement process to simplify and streamline the application process, new requirements to bring more immediate relief to individuals seeking expungement of a past cannabis criminal convictions, and steps toward the permitting of social consumption sites.
Senator Moore’s testimony comes after he sent a letter to the CCC and several commissioners last month expressing his concerns. A full version of Senator Moore’s letter can be found here.
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