Boston – Former chair of the Massachusetts Cannabis Control Commission (CCC), Shannon O’Brien, filed a lawsuit Thursday in Suffolk County Superior Court against the commission and State Treasurer Deb Goldberg. The complaint alleges that Goldberg and CCC staff retaliated against O’Brien for reporting alleged misconduct, violating the Massachusetts Whistleblower Act, the state Civil Rights Act, and her privacy rights.
Background and legal context
O’Brien, who led the CCC until Governor Maura Healey’s recent restructuring of the agency, says she was removed from her post in September 2024 after Goldberg accused her of “gross misconduct” and racially insensitive remarks. A Superior Court judge later ruled that Goldberg’s termination was unlawful, ordering back pay and benefits for O’Brien.
The new suit, prepared by Needham attorney Timothy Burke, re‑opens a two‑year dispute that has highlighted internal strife at the CCC. It comes months after the state enacted a law that overhauled the marijuana industry’s oversight and stripped Goldberg of the authority to appoint commissioners.
Allegations in the complaint
The complaint lists three primary claims:
- Retaliation in violation of the Massachusetts Whistleblower Act, asserting that O’Brien faced threats, pressure to resign, suspension, exclusion from agency resources, and obstruction of investigations after she disclosed—or threatened to disclose—information about alleged regulatory failures.
- A violation of the Massachusetts Civil Rights Act, alleging that Goldberg used threats, intimidation and coercion to prevent O’Brien from communicating with public bodies and seeking judicial relief.
- Invasion of privacy, contending that Goldberg disclosed details of a racial‑insensitivity investigation to political consultant Edward Farley, who had no governmental need for the information.
Burke’s filing says O’Brien reported “conflicts corrupting enforcement; obstruction and delay of investigations; preferential treatment of licensees; concealment of regulatory and public‑safety information; data‑security failures; testing fraud; contaminated and unregulated cannabis; misuse or loss of public funds; and retaliation against persons who reported such matters.”
In response, O’Brien seeks compensatory damages for economic loss, reputational injury, emotional distress, physical symptoms, and litigation costs, as well as treble damages for lost wages and benefits under the whistleblower statute.
Responses from the agencies
A CCC spokesperson declined to comment, noting the commission cannot discuss pending litigation. Goldberg’s office, represented by spokesperson Andrew Napolitano, said the treasurer has not been served with the complaint and could not comment on specifics. Napolitano described the whistleblower notice O’Brien sent on Aug. 3 as “baseless” and expressed confidence that no laws were violated.
The notice, obtained by the News Service, requests O’Brien’s complete personnel file and preservation of evidence dating back to Jan. 1, 2023 concerning regulatory compliance and alleged misconduct. It also asks for an independent decision‑maker to investigate the matters.
Related agency actions
The complaint also references a dispute involving a CCC licensee, Greatest Hits, and former Executive Director Shawn Collins. The agency provided an investigative file to the attorney general’s office, which did not pursue prosecution. In June, commissioners ratified a stipulated agreement on enforcement against Greatest Hits, and the CCC considers the matter closed.
Political backdrop
Goldberg is seeking reelection this fall and will face Republican challenger Elizabeth Dionne in November. Edward Farley, mentioned in the privacy claim, has since performed communications consulting for Dionne’s campaign, receiving $1,500 last month, according to campaign finance records.
The lawsuit adds another chapter to a contentious relationship between O’Brien and Goldberg, underscoring ongoing debates over agency oversight, whistleblower protections, and the proper use of state resources.
Original reporting: NBC10 Boston — read the source article.
