As cannabis agency closes one chapter, is the next one is in Legislature’s hands?

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All happy workplaces are alike; each unhappy workplace is unhappy in its own way.

That slight modification of Tolstoy’s principle has been on display inside the state’s Cannabis Control Commission, though the Superior Court judge who ruled on a court case that’s roiled the agency may prefer a different 19th-century novelist.

The long-anticipated decision by the Superior Court’s Robert Gordon spans 50 pages, rife with metaphors and allusions. In one of the many footnotes, he called the two-year saga “Dickensian” without further elaboration. 

Treasurer Deb Goldberg suspended, and later fired, her own handpicked chair, Shannon O’Brien, after two outside investigations. But Gordon ruled on Tuesday that O’Brien should be reinstated immediately, with back pay, and called Goldberg’s accusations that O’Brien engaged in gross misconduct a “house of cards.”

“A Sword of Damocles does not hang over every commissioner who berates staff or makes foolish, tin-eared or even offensive remarks to them,” Gordon wrote. “If that were the case, the independence and discretion with which the Legislature intended to empower the CCC would be largely illusory.”

There has been turnover inside the agency – a new executive director was hired during the O’Brien-Goldberg legal battle – and more is anticipated given O’Brien’s intention to return and serve out the two years left in her appointment. Her return brings the total number of present commissioners to four out of five. (Commissioner Nurys Camargo, who clashed with O’Brien, left in May.)

“A certain level of friction and discord among its constituent members – and between commissioners and staff – is not merely inherent, but an intended feature of such a statutory scheme,” Gordon wrote. “While intra-commission conflicts will ideally not devolve into petty sniping, political discourse is not beanbag.”

State lawmakers and marijuana legalization advocates could at least agree on that last clause. Advocates won a 2016 ballot question campaign to regulate cannabis like alcohol, with a bureaucracy inside the treasurer’s office, but the Legislature rewrote the law to mimic the bureaucracy set up to regulate casinos, and spread power among the governor, attorney general and treasurer. The first recreational marijuana stores didn’t open in Massachusetts until 2018.

With the judge’s ruling, all eyes could again turn to the Legislature. House lawmakers in June passed a bill that puts the governor as the sole authority on appointments, defines the chair as the administrative head of the agency, and reduces the headcount to a full-time chair and two part-time commissioners, instead of five full-time commissioners.

Sen. Michael Moore, a critic of the agency who also defended O’Brien as a reformer brought in to fix up the place, said he hasn’t had discussions with his Senate colleagues about another overhaul. But he backs one, whether the current situation is due to workplace personalities or a structure that isn’t working.

“I think a restructuring should take place regardless of this decision,” Moore said.

What’s the best structure for the Cannabis Control Commission? Let me know what you think: [email protected].

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MassDOT is rushing a secretive 35-year lease with Applegreen, despite inflated numbers, weak financials, and better alternatives. KPMG flagged serious flaws, yet the deal moves forward. Public oversight is missing, and $900M in rent is at risk. Legislators must act now. Before signing away public assets for decades, the MassDOT Board must pause and review. Learn more.

.....Ballot question proponents filed 42 proposed laws and 5 proposed Constitutional amendments by the early-August deadline, and Attorney General Andrea Campbell's team must review each by the first Wednesday in September to determine whether it fulfills constitutional requirements…..

10:00 | The Energy Efficiency Advisory Council Executive Committee meets. | Agenda and Livestream

12:30 | MassVOTE and Election Modernization Coalition hold press conference urging the Legislature to allow same-day voter registration. | City Hall Plaza, Boston

1:30 | Bloomberg hosts Gov. Maura Healey for a discussion moderated by Bloomberg News Head of the Americas Caroline Gage. The event begins with a networking reception at 12:45 p.m. | Bloomberg, Second Floor, 100 Summer St., Boston | Livestream

HEALEY TRAVEL POLICY: Gov. Maura Healey’s policy of not announcing out-of-state travel ahead of time “deserves a rethink,” John Micek writes. – MassLive

CCC SETTLEMENT: Amid a Superior Court judge’s ruling on the O’Brien-Goldberg legal battle, the Cannabis Control Commission agreed to a settlement of more than $300,000 with Cedric Sinclair, its former chief communications officer. – Boston Business Journal

BAN ON JUNK FEES: A ban went into effect Tuesday on hidden “junk fees.” The attorney general’s office defines them as “hidden, surprise, or unnecessary costs that increase the total price of a product beyond the advertised price.” – Berkshire Eagle

ENVIRO SUPER FUND: Environmental advocates are pushing for legislation that would hit fossil fuel giants with financial penalties, citing greenhouse gas emissions. Money from the penalties would be funneled towards mitigating the effects of climate change, but a business group said the legislation could “devastate” the state’s economy. – State House News Service

Boston is at an economic crossroads. The vitality of its downtown business district, drained by the COVID-19 epidemic, continues to slowly rebound but has yet to return to pre-pandemic levels. Commercial property values have declined, creating the potential for major budget challenges for the most property-tax dependent big city in America. With Boston’s financial underpinnings at risk, what is the strategy and vision for Boston’s future, particularly for its major business districts? Join business and community leaders to explore challenges and opportunities ahead. Register here!

RESULTS FROM WORCESTER, QUINCY: Turnout hit 10% in Worcester, and 12 out of 14 candidates running for at-large advanced to the Nov. 4 election, including Mayor Joseph Petty. In Quincy, south of Boston, former mayoral candidate Anne Mahoney was the top vote-getter for at-large, followed by councilors Noel DiBona and Scott Campbell.  – MassLive and Patriot Ledger

CAMPUS PAPER: The U.S. Department of Justice lawyer involved in the Trump administration’s accusation of antisemitism against Harvard University once wrote a college paper from the perspective of Adolf Hitler and stated he enjoyed reading “Mein Kampf.” – Boston Globe

MOUNT HOLYOKE WALKOUT: About 200 workers at Mount Holyoke College, including cooks and facility workers, went on strike after contract negotiations stalled. – Daily Hampshire Gazette 

TRAHAN TERM LIMITS: A D.C.-based watchdog is re-upping its criticism of Congresswoman Lori Trahan for pulling back on a term limits pledge. – Eagle-Tribune

EVERETT STADIUM: The Kraft-owned New England Revolution, which is seeking to build a soccer stadium on the Boston-Everett border, fired another volley at Mayor Michelle Wu’s administration, calling a letter from the city’s planning chief “politically motivated.” – Boston Globe

HANDGUN RESTRICTIONS: A federal judge has rejected a challenge from gun rights groups to a Massachusetts ban on the sale of certain types of handguns. – Salem News

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