§ 44-10-204 — Confidentiality

Colorado § 44-10-204

• Jurisdiction: Colorado
• Title 44: Revenue -
• Art.: Regulated Marijuana

Text

(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.

Legislative History

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2856, � 5, effective January 1, 2020.