Pubdate: Sat, 13 Feb 2016
Source: Denver Post (CO)
Copyright: 2016 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122

ABSURD RETREAT ON OPEN RECORDS

Lawmakers need to rectify an inexcusable situation at the Marijuana 
Enforcement Division of the Colorado Department of Revenue. The 
agency refuses to release basic ownership information for marijuana 
businesses without exorbitant fees-fees that don't exist when the 
public retrieves the same information for other licensed businesses, 
including liquor stores.

The department apparently would prefer to keep secret any ownership 
information, with or without fees. And it said as much when first 
contacted by reporter David Migoya, whose Kafkaesque interactions 
with the agency ( our description, not his) appeared this month in 
The Denver Post.

ButMigoya persisted, and the agency retreated to the position that it 
would give him what he wanted but only after receiving the 
prohibitive sum of $ 10,000.

The public should be able to find out not only who owns the hundreds 
of marijuana businesses that have sprouted during the past few years 
but individual owners' stake in those businesses as well. This is 
fundamental ownership data, not protected under any normal licensing 
arrangement.

It's not enough that the state freely publishes the names and 
locations of businesses that sell, grow and distribute marijuana 
products. It's also not enough that the state, when prodded, will 
release a list of the nearly 1,200 owners of marijuana businesses.

The two data sets are nearly useless unless they're connected.

Who owns which businesses? And how much of each entity do those 
individuals own?

Revenue officials obviously know the answers-they couldn't do their 
job if they didn't and if the information weren't handy. And yet they 
responded to a request for the information as if it were an exotic 
inquiry that would trigger an exhausting ordeal of compilation, 
redaction and other burdensome chores.

Denver, facing the same request from The Denver Post, supplied a 
compete dossier on the ownership of the city's 633 marijuana licenses 
within 48 hours. At no cost. For that matter, as Migoya's article 
mentions, the state itself supplied The Post with complete ownership 
information just two years ago, also at no cost.

The transformation of the state's attitude toward disclosure is 
baffling, but apparently has something to do with a law passed in 
2015 that the agency would like to interpret in the most expansive 
way possible. Senate Bill 115 required confidentiality of "any 
individualized" records related to a marijuana licensee, such as 
credit reports and testing results. One of its sponsors, Rep. Dan 
Pabon, D- Denver, actually told Migoya the bill's intent was to bar 
disclosure of "sensitive information" that he believes includes the 
identities of licensees.

Can Pabon be serious? There is no reason to grant marijuana business 
owners any special anonymity compared to other licensed businesses. 
And it's up to the legislature to ensure transparency in what is 
already a billion-dollar industry.
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MAP posted-by: Jay Bergstrom