Confidentiality of Medical Cannabis Records

Date Posted: Tuesday, August 13, 2024
Posted In: Legal Notes

A new law revises confidentiality protections applicable to medical cannabis records. In some cases, broader access for municipal officials is the result. See PL 2023, c. 637, which took effect August 9, 2024.

The legislation provides the following:

Information identifying a qualifying medical cannabis patient, a visiting qualifying patient, a registered patient, or a caregiver exempt from registration is confidential and may not be disclosed by the Office of Cannabis Policy (OCP) except: (1) with written consent of the patient or exempt caregiver, or (2) pursuant to a court order or a subpoena.
The personal contact information of a registered caregiver or applicant for caregiver registration is confidential and generally may not be disclosed by OCP except: (1) with written consent of the caregiver/applicant, or (2) pursuant to a court order or a subpoena. “Personal contact information” includes a personal address, telephone number, facsimile number, e-mail address, cellular telephone number, pager number and username, password and uniform resource locator for a personal social media account.
If a registered caregiver resides at the same address where the caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants or harvested cannabis the OCP may disclose that address to a state, county or municipal employee responsible for the administration of medical cannabis laws, rules, ordinances or warrant articles (includes law enforcement officers and code enforcement officers). However, any information received by the state, county or municipal employee is also confidential personal contact information and therefore, may not be further disclosed or disseminated.
Except for confidential personal contact information, or information regarding a patient or exempt caregiver, any applications, supporting information and other information regarding a registered caregiver, including any address where the registered caregiver cultivates, manufactures, tests, packages, stores or sells cannabis plants or harvested cannabis pursuant to the medical cannabis law, is not confidential.
Applications, supporting information and other information regarding a medical cannabis dispensary, manufacturing facility, testing facility, or regarding an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or testing facility is generally not confidential. However, the personal contact information of a cardholder who is an assistant, officer or director of a registered caregiver, dispensary, manufacturing facility or cannabis testing facility or an applicant for a registry identification card or registration certificate for one of those positions is confidential and may not be disclosed by OCP except: (1) with written consent of the cardholder or applicant; or (2) pursuant to a court order or a subpoena.
If OCP issues a final written decision pursuant to 22 M.R.S § section 2430-I that imposes an administrative penalty; orders forfeiture and destruction of cannabis plants, cannabis or cannabis products; or suspends or revokes a registry identification card or registration certificate, that written decision is not confidential.
Absent a warrant requiring disclosure, neither a caregiver, dispensary, manufacturing facility, testing facility, or an officer, director or assistant of one of those entities, nor a person accompanying a patient, may be required to disclose information identifying an individual to a law enforcement officer.

The bottom line for municipal enforcement officials is that, except for “personal contact information,” most information concerning medical cannabis establishments is not confidential and may be requested from OCP. This would include some information about a registered caregiver operating at a location other than the caregiver’s personal residence. However, if a registered caregiver is operating out of a personal residence, municipal officials may obtain information about the caregiver from OCP, but the information remains confidential and may not be shared further.

For more information on medical and adult use cannabis, see our information packets on these topics in the “Legal” section of MMA’s website. (By S.F.P.)