Ohio Code 3780.31 – Confidentiality
Confidentiality.
Terms Used In Ohio Code 3780.31
- Adult use consumer: means and individual who is at least twenty-one years of age. See Ohio Code 3780.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Applicant: means an individual or person who files an application for a license pursuant to this chapter. See Ohio Code 3780.01
- Confidential information: means information that is not a public record for purposes of section 149. See Ohio Code 3780.01
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a license by the division of cannabis control to a license applicant pursuant to chapter 3780 of the Revised Code and the rules adopted thereunder. See Ohio Code 3780.01
- Provisional license: means a temporary license issued to an applicant for an individual license that establishes the conditions that must be met by the licensee before the individual is issued a license in accordance with the requirements and conditions set forth in chapter 3780 of the Revised Code and the rules adopted thereunder. See Ohio Code 3780.01
- state: means the state of Ohio. See Ohio Code 1.59
(A) The following information submitted, collected, or gathered under this chapter is confidential and not subject to disclosure by any state agency or political subdivision as a public record under section 149.43 of the Revised Code:
(1) Social security numbers, passport numbers, or federal tax identification numbers;
(2) Home addresses and telephone numbers;
(3) Birth certificates;
(4) Driver’s license numbers;
(5) Dates of birth;
(6) Places of birth;
(7) The personal financial information and records, including tax returns and information, and records of criminal proceedings;
(8) Any information concerning a victim of domestic violence, sexual assault, or stalking;
(9) Electronic mail addresses;
(10) Internet Protocol addresses or similar addresses;
(11) Any trade secret, and patents, or exclusive licenses;
(12) Client records and adult use consumer identifying information; and
(13) Security information, including risk prevention plans, detection and countermeasures, location of vaults or other money and/or cannabis storage areas, emergency management plans, security and surveillance plans, equipment and usage protocols, and theft and fraud prevention plans and countermeasures.
(B) Notwithstanding any other law, upon written request, the division of cannabis control shall provide the following information, except as provided in this chapter:
(1) The amount of tax paid to the state by any license holder; and
(2) A copy of a letter providing the reasons for the denial of an applicant‘s license, but with confidential information redacted.
(C) An individual who holds, held, or has applied for a license under this chapter may waive the confidentiality requirements of division (A) of this section.
(D) Confidential information received by the division of cannabis control from another jurisdiction relating to an individual who holds, held, or has applied for a license under this chapter is confidential and not subject to disclosure as a public record under section 149.43 of the Revised Code.
(E) After giving reasonable notice to the applicant, the current or former provisional license holder, or the current or former license holder, the division of cannabis control may share any information gathered pursuant to this chapter with, or disclose the information to, the inspector general, any appropriate prosecuting authority, any law enforcement agency, or any other appropriate governmental or licensing agency, but the agency that receives the information shall comply with the same requirements regarding confidentiality required under Ohio law.
(F) The division of cannabis control, and any entity under contract with the division of cannabis control, shall not make public any information reported to or collected by the division of cannabis control under this chapter that identifies or would tend to identify any adult use consumer, or tend to show any adult use consumer’s purchase history.
Last updated November 13, 2023 at 1:03 PM