Beginning December 8, 2022, applicants and licensees may advise the Department of any records previously submitted that contain proprietary business information. In addition, any records received beginning on December 8, 2022 applicants and licensees may inform the department that they contain proprietary business information. The instructions for each process is outlined below.

For documents submitted prior to December 8, 2022, each applicant or licensee must fill out a Marijuana License Confidentiality Questionnaire to designate any previously submitted documents as containing proprietary information. Multiple applicants or licensees may not use the same document to designate proprietary information and any questionnaire that references multiple licensees will not be accepted. Incomplete questionnaires will also be returned to the licensee or applicant for completion.

Per Article XIV, “proprietary business information” includes, but is not limited to:

  • sales information
  • financial records
  • tax returns
  • credit reports
  • license applications
  • cultivation information unrelated to product safety
  • testing results unrelated to product safety
  • site security information and plans
  • individualized consumer information

Licensees must submit the Questionnaire to the Department by February 15, 2023 in order to ensure that qualifying documents are identified as proprietary business information. Failure to submit the form by February 15, 2023 may result in proprietary business records being open to the public via Sunshine Request.

How-To Submit a Confidentiality Questionnaire

  1. Complete the Marijuana License Confidentiality Questionnaire
  2. Licensees must submit completed questionnaires to their assigned Business Services Specialist and copy;
  3. Applicants must submit completed questionnaires to

For documents submitted beginning on December 8, 2022, the applicant or licensee shall label documents it believes to be proprietary prior to submitting it to the department. Each document containing proprietary information must include a header in the right hand upper corner of the document that reads “Proprietary Information.”

For questions regarding the Facility Confidentiality Questionnaire, email the business services unit at:

Note: Article XIV applies to “all public records produced or retained” by the Department, pursuant to cannabis regulation, even emails. Therefore, all information submitted to the Department, regardless of how it was submitted, may be subject to disclosure unless marked as “proprietary information” by the licensee. If you believe an email or other document submitted to the Department contains proprietary business information, you must identify it on the questionnaire. Please be as specific as possible in identifying the email by noting the date sent, sender, and subject line. For emails sent to the Department beginning on December 8, 2022, the applicant or licensee shall identify emails it believes to be proprietary prior to sending to the department. Each email containing proprietary information must include “Proprietary Information” as an identifier in the subject line of the email.