Current through 11/5/2024 election
Section 44-10-204 - Confidentiality(1) The state licensing authority shall maintain the confidentiality of: (a) Reports or other information obtained from a medical marijuana or retail marijuana licensee or a medical marijuana or retail marijuana license applicant containing any individualized data, information, or records related to the applicant or licensee or its operation, including sales information, leases, business organization records, financial records, tax returns, credit reports, cultivation information, testing results, and security information and plans, or revealing any customer information, or any other records that are exempt from public inspection pursuant to state law. Such reports or other information may be used only for a purpose authorized by this article 10, for investigation or enforcement of any international, federal, state, or local securities law or regulations, or for any other state or local law enforcement purpose. Any information released related to patients may be used only for a purpose authorized by this article 10, to verify that a person who presented a registry identification card issued pursuant to section 25-1.5-106 (9) to a state or local law enforcement official is lawfully in possession of such card, as a part of an active investigation, as a part of a proceeding authorized by this article 10 or article 1.5 of title 25, or for any state or local law enforcement purpose involving evidence of sales transactions in violation of this article 10 or evidence of criminal activity. The information or records related to a patient constitute medical data as described by section 24-72-204 (3)(a)(I), and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding. Any customer information may be used only for a purpose authorized by this article 10.(b) Investigative records and documents related to ongoing investigations. Those records and documents may be used only for a purpose authorized by this article 10 or for any other state or local law enforcement purpose.(c) Computer systems maintained by the state licensing authority and the vendors with which the state licensing authority has contracted.(2) The state licensing authority shall make available for public inspection:(a) Documents related to final agency actions and orders;(b) Records related to testing on an aggregated and de-identified basis;(c) Demographic information related to applicants and licensees available on an aggregated and de-identified basis; and(d) Enforcement forms and compliance checklists.Added by 2019 Ch. 315, § 5, eff. 1/1/2020.L. 2019: Entire article added with relocations, (SB 19-224), ch. 2856, p. 2856, § 5, effective 1/1/2020.