Code of Massachusetts Regulations
935 CMR - Cannabis Control Commission
Title 935 CMR 500.000 - Adult Use of Marijuana
Section 500.820 - Confidentiality
Universal Citation: 935 MA Code of Regs 935.500
Current through Register 1531, September 27, 2024
(1) All records made or received by the Commission shall be public records and shall be available for disclosure on request pursuant to this section and 950 CMR 32.00: Public Records Access, except the following, which shall be exempt from disclosure to the extent permitted by law:
(a) All records exempt from disclosure
pursuant to M.G.L. c. 4, § 7, cl. 26;
(b) All records to the extent that they
contain "personal data" pursuant to M.G.L. c. 66, § 10;
(c) All records to the extent that they
contain "personal information" pursuant to M.G.L. c. 93H, § 1;
(d) All records which contain CORI as defined
by 803 CMR 2.02:
Definitions;
(e)
All records which contain CHRI as defined by
803
CMR 7.02: Definitions;
and
(f) All Confidential Records as
defined in
935
CMR 500.002.
(2) All records protected from disclosure under 935 CMR 500.820(1) or pursuant to the laws of any Other Jurisdiction may be disclosed by the Commission:
(a) If disclosure is required pursuant to a
state or federal law;
(b) To the
individual or the individual's authorized representative, if the individual
executes a written release in a form and manner determined by the
Commission;
(c) To the Commission
staff for the purpose of carrying out their official duties;
(d) To the Commission Delegee(s) as
authorized by the Commission;
(e)
To other government officials and agencies acting within their lawful
jurisdiction which includes, but is not limited to, law enforcement
personnel;
(f) To a healthcare
professional who has a Bona Fide Healthcare Professional-Patient Relationship
with the Qualifying Patient to facilitate dispensing of Medical-use
Marijuana;
(g) To an MTC or any
state agency to facilitate the dispensing of Medical-use Marijuana;
(h) To the Commission staff if required in
the course of an administrative or a judicial proceeding; or
(i) If an individual or entity obtains an
order from a court of competent jurisdiction.
(3) Nothing in 935 CMR 500.820 shall prevent the Commission from acting in accordance with its authority.
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