The Cannabis Control Commission fined two of the largest marijuana companies operating in Massachusetts on Thursday for negligent behavior around the use of pesticides and record-keeping procedures.
The violations against Ascend Wellness and Curaleaf add to a growing list of enforcement actions the state regulatory body has issued this year to hold the industry accountable for flouting the rules, amid mounting criticism of the agency and allegations that it has sometimes been slow to act. Both the violations announced Thursday were initially self-reported by the companies.
Regulators fined Curaleaf $80,000 for a “systemic problem of not following best practices to limit contamination” from pesticides in its Amesbury and Webster cultivation facilities as far back as 2021. The commission found that Curaleaf allowed doors to stay open improperly, failed to seal gaps in doorways and ducts, and permitted behavior that led to multiple pesticide detections, including at least three contaminated cannabis samples.
The Connecticut-based company, which has marijuana stores in Provincetown, Oxford, and Ware,is now under a six-month probation, during which it must report any positive pesticide detections immediately to the commission. The agency can also require Curaleaf retest any product with elevated pesticide levels with an agency-approved testing laboratory.
In a statement, spokesperson Jordan Rahmil said that all the products potentially impacted by pesticides were destroyed and that Curaleaf has since implemented additional controls to prevent cross-contamination and training for team members.
“The health and safety of our patients and customers remains our number one priority,” the statement read. “We feel confident about the changes made to ensure this doesn’t happen again.”
The news follows a Globe report that found that some Massachusetts testing laboratories yield wildly different failure rates, leading cultivators to shop around for favorable results. Certain testing methods or ways of manipulating cannabis can minimize the presence of potentially harmful contaminants, including mold and pesticides, allowing in some cases questionable marijuana to pass testing and appear in dispensaries.
The Cannabis Control Commission has said its regulations are among the strongest in the country and consumers can trust the state’s testing system.
The second fine the commission issued on Thursday was $85,000 against Ascend Wellness, after regulators found the seven-state operator had improperly tracked cannabis, which obscured what had and had not been bought. Some products designated for pick-up were later sold to walk-in customers, and vice versa.
Investigators charged the company with wrongly inventorying almost 900 products from a Boston location in the tracking system, Metrc, and failing to follow procedures around storage, security, and waste disposal. A commission staff member called the behavior “so egregious as to amount to incompetent” in a public meeting.
Ascend, which operates pot stores in Boston, Newton, and New Bedford, said in a statement the company flagged the issue to regulators and have been collaborating to address the concerns.
“Ascend is fully committed to adhering to the regulations set forth by the CCC and places great importance on compliance,” Frank Perullo, president and cofounder of Ascend, adding, “We have already implemented most of the necessary actions and remain dedicated to working with the CCC to restore trust and confidence as we move forward.”
On Thursday, the commission also announced the creation of a complaint tip line for consumers and industry insiders.
On Oct. 30, a legislative hearing will address criticisms of the commission and its structure. The state inspector general in June recommended that the agency be put into receivership, which lawmakers declined to do before the session ended.
Diti Kohli can be reached at diti.kohli@globe.com. Follow her @ditikohli_.
The violations against Ascend Wellness and Curaleaf add to a growing list of enforcement actions the state regulatory body has issued this year. Read More