Yasha Kahn v. Cannabis Control Commission (SPR 20241813)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 5, 2024 SPR24/1813 Michael Bergquist, Esq. General Counsel Cannabis Control Commission Union Station 2 Washington Square Worcester, MA 01604 Dear Attorney Bergquist: I have received the petition of Yasha Kahn appealing the response of the Cannabis Control Commission (Commission) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On June 14, 2023, Mr. Kahn requested the following: [T]esting data shared by cannabis testing labs with the CCC. From the “raw plant Material” tab of the “MA CSV File Test Batch Templates 23.1.xlsx” template that METRC has shared with all labs that is used by labs to upload data to METRC, please provide the following columns: A. Date B. METRC ID / METRC tag C. Analyte/test ID D. Result E. Disposition F. Notes For the following rows: Total Yeast and Mold (CFU/g) Raw Plant Material THC (%) Raw Plant Material THCA (%) Raw Plant Material For the date range: January 1, 2019 to June 14th, 2023[.] On April 30, 2024, and May 26, 2024, Mr. Kahn modified his request by adding additional categories and expanding the date range. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Michael Bergquist, Esq. SPR24/1813 Page 2 July 5, 2024 Previous Appeal This request was the subject of a previous appeal. See SPR23/1579 Determination of the Supervisor of Records (July 24, 2023). In my July 24th determination, I ordered the Commission to provide Mr. Kahn with a response to his request. Following further correspondence, the Commission provided numerous sets of data as well as links to websites containing data responsive to Mr. Kahn’s request. Unsatisfied with the Commission’s responses, Mr. Kahn petitioned this office, and this appeal, SPR24/1813, was opened as a result. Conclusion Subsequent to the opening of this appeal, based on a telephone conversation between this office and an attorney for the Commission on June 27, 2024, I understand that the Commission intends to provide a supplemental response to Mr. Kahn. Accordingly, said response must be provided in a manner consistent with the Public Records Law and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. If issues remain unresolved, Mr. Kahn may appeal the substantive nature of the Commission’s supplemental response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Yasha Kahn