Sunshine, CCC v. Cannabis Control Commission (SPR 20260618)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 2, 2026 SPR26/0618 Stephen G. Roche, Esq. Assistant General Counsel Cannabis Control Commission 50 Franklin Street Boston, MA 02110 Dear Attorney Roche: On February 23, 2026, this office received your petition on behalf of the Cannabis Control Commission (Commission) seeking an extension of time to produce records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, I understand that the Commission furnished a copy of this petition to the requestor, CCC Sunshine. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv)(2). On December 5, 2025, the requestor requested: [1] The memo prepared by [an identified individual] regarding New York and “debarment,” discussed at the December 4, 2025, public meeting. [2] Any other materials, reports, emails, or correspondence prepared by [an identified individual] that have been presented to, circulated among, or used by the Commission or individual Commissioners from September 1, 2025, to December 5, 2025. These materials, at least those discussed in an open public meeting, are public records with no attorney-client privilege. If records are to be withheld based upon privilege, please identify the records and the basis for withholding. [3] All records of criminal referrals made by the Chief of Investigations and Enforcement or any CCC staff over the last 4 years (December 5, 2021, to December 5, 2025), including reports, memos, correspondence, or summaries of referrals to law enforcement agencies (e.g., local police, district attorneys, state police, or federal authorities), as requested by the Commission at the December 4, 2025, meeting. 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

Stephen G. Roche, Esq. SPR26/0618 Page 2 March 2, 2026 Previous Appeals The requested records were the subject of previous appeals. See SPR25/3845 Determination of the Supervisor of Records (January 13, 2026); SPR26/0291 Determination of the Supervisor of Records (February 10, 2026). In my February 10th determination, I ordered the Commission to clarify how the responsive records can be withheld pursuant to attorney-client privilege and Exemption (f) of the Public Records Law. Subsequently, the Commission submitted the present petition seeking an extension of time. Petition for an Extension of Time Under the Public Records Law, upon a showing of good cause, the Supervisor of Records (Supervisor) may grant a single extension to an agency not to exceed 20 business days and a single extension to a municipality not to exceed 30 business days. In determining whether there has been a showing of good cause, the Supervisor shall consider, but shall not be limited to considering: (i) the need to search for, collect, segregate or examine records; (ii) the scope of redaction required to prevent unlawful disclosure; (iii) the capacity or the normal business hours of operation of the agency or municipality to produce the request without the extension; (iv) efforts undertaken by the agency or municipality in fulfilling the current request and previous requests; (v) whether the request, either individually or as part of a series of requests from the same requestor, is frivolous or intended to harass or intimidate the agency or municipality; and (vi) the public interest served by expeditious disclosure. G. L. c. 66, § 10(c). If the Supervisor determines that the request is part of a series of contemporaneous requests that are frivolous or designed to intimidate or harass, and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity, the Supervisor may grant a longer extension or relieve the agency or municipality of its obligation to provide copies of the records sought. Id. The filing of a petition does not affect the requirement that a Records Access Officer (RAO) must provide an initial response to a requestor within ten business days after receipt of a request for public records. 950 C.M.R. 36.06(4)(b). Conclusion The Commission submitted its petition on February 23, 2026, more than twenty business days after receipt of the request. In light of the fact that the Commission has not demonstrated

Stephen G. Roche, Esq. SPR26/0618 Page 3 March 2, 2026 that it submitted a timely petition, an extension of time cannot be granted. 950 C.M.R. 32.06(4)(d). To the extent possible, the Commission must provide responsive records on a rolling basis. Sincerely, Manza Arthur Supervisor of Records cc: CCC Sunshine