§ 44-50-204 — Confidentiality

(1) The state licensing authority shall maintain
the confidentiality of:

(a) Reports or other information obtained from a licensee or a license
applicant containing any individualized data, information, or records related to the
applicant; licensee; licensee's operation, including sales information, leases,
business organization records, financial records, tax returns, credit reports,
cultivation information, testing results, and security information and plans; any
participant 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 50 or a rule promulgated pursuant to this article
50 for investigation or enforcement of any international, federal, state, or local
securities law or regulation or for any other state or local law enforcement purpose.
Any information released related to a participant may be used only for a purpose
authorized by this article 50, as a part of an active investigation, as a part of a
proceeding authorized by this article 50, or for any state or local law enforcement
purpose involving evidence of sales transactions in violation of this article 50 or
evidence of criminal activity. The information or records related to a participant
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.

(b) Investigative records and documents related to ongoing investigations.
Those records and documents may be used only for a purpose authorized by this
article 50 or rules promulgated by this article 50 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. 2023: Entire article added, (SB 23-290), ch. 249, p. 1402, � 21, effective July 1.