Open Government Advocates Sue New Mexico Dept. of Health For Names of Medical Marijuana Producers

The administrative regulations for the medical cannabis statute (known as the Lynn and Erin Compassionate Use Act), provides that the names, addresses and telephone numbers of persons or entities who have either applied for or received a DOH license be kept confidential and exempt from disclosure. However, nothing in the statute itself allows such secrecy other than confidentiality for the names of qualified patients.
Charles “Kip” Purcell, attorney for FOG, and St. Cyr noted, “Carving out exceptions to the public’s right to know is a job for the legislature. An executive department can’t exempt its own records from IPRA unless the text or the spirit of the governing statute demands that result.” Purcell added, “In our view, DOH’s determination to shield the identities of medical marijuana producers has no such statutory basis.”
Both St. Cyr and FOG have repeatedly requested the names of the licensed cannabis producers under IPRA, but DOH denied these requests based upon the prohibition in the regulation.
Susan Boe, executive director of FOG, said, “Beginning in 2009 and in several communications over the years, FOG has told the Department of Health that we believe the names are subject to disclosure under IPRA. Our arguments did not persuade DOH to change its position so our only alternative was to file this lawsuit.”
“This case is not only about obtaining the names of licensed producers,” Boe added, “but addresses the broader issue that a public body cannot avoid IPRA through a rule or regulation without specific statutory authority.”

A full copy of the complaint is available here.