Ianuzzi, Jr., Peter v. Cannabis Control Commission (SPR 20260718)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 12, 2026 SPR26/0718 Stephen G. Roche, Esq. Associate General Counsel Cannabis Control Commission 2 Washington Square Worcester, MA 01604 Dear Attorney Roche: I have received the petition of Peter Ianuzzi, Jr., appealing the response of the Cannabis Control Commission (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 5, 2026, Mr. Ianuzzi, Jr. requested, a copy of all METRC data for cannabinoid potency and microbial testing for raw cannabis plant material for the last 5 years, as submitted to the State’s METRC seed to sale tracking system. For each sample in the database, we request the percent of each primary cannabinoid, including THC, THCA and Total THC, as well as any microbial data for: total aerobic, total coliform, total bile-tolerant gram-negative bacteria, and total yeast and mold. We request that the data query be provided in a digital format via a CSV (or similar) export from the METRC database to include METRC data fields for: [1] TestPerformedDate[;] [2] METRC Package Tag[;] [3] METRC Source Tag[;] [4] Strain Name[;] [5] Laboratory (anonmymized)[;] [6] TestTypeName[;] [7] UnitofMeasureName[;] [8] ProductCategoryName[;] [9] TestResultLevel[;] [10] Pass/FailStatus[;] [11] Comment[.] 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. SPR26/0718 Page 2 March 12, 2026 The Office responded on February 20, 2026. Unsatisfied with the response, Mr. Ianuzzi, Jr. petitioned this office and this appeal, SPR26/0718, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § l0A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response, a written good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. Current Appeal In his appeal, Mr. Ianuzzi, Jr. stated, “[a]s of the date of this appeal, more than ten business days have elapsed, and I have received no written response, acknowledgment, request for clarification, cost estimate, notice of extension, or production of records.” The Office’s February 20th Response In its February 20, 2026 response, the Office stated, “[t]his email serves as confirmation that we have received your public records request for testing data. Because identifying, retrieving and reviewing relevant data will require additional time, we would like to request an extension under the Public Records Law. We will keep you updated and provide responsive data as soon as it is available.” Timeliness in Providing Records G. L. c. 66, § 10(b) provides, in pertinent part, that if the magnitude or difficulty of the request unduly burdens the other responsibilities of the agency or municipality such that the agency or municipality cannot provide records within 10 business days, the agency or municipality must inform the requestor in writing within 10 business days. With respect to the timeframe to produce responsive records, the written response shall:

Stephen G. Roche, Esq. SPR26/0718 Page 3 March 12, 2026 identify a reasonable timeframe in which the agency or municipality shall produce the public records sought; provided, that for an agency, the timeframe shall not exceed 15 business days following the initial receipt of the request for public records and for a municipality the timeframe shall not exceed 25 business days following the initial receipt of the request for public records; and provided further, that the requestor may voluntarily agree to a response date beyond the timeframes set forth herein. G. L. c. 66, § 10(b)(vi). Where Mr. Ianuzzi, Jr. submitted his request on February 5, 2026, and the Office has not provided the responsive records, nor cited an exemption for withholding records, I find that the Office has not met its burden in responding to the request in accordance with G. L c. 66, § 10(b)(vi). Consequently, the Office must provide an estimated date as to when it intends to complete the search and provide any responsive records. See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay). To the extent possible, the Office must provide responsive records on a rolling basis. Conclusion Accordingly, the Office is ordered to provide Mr. Ianuzzi, Jr. with a response to his request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten (10) 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. Mr. Ianuzzi, Jr. may appeal the substantive nature of the Office’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Peter Ianuzzi, Jr.