Washington, DC

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DOH 2012-53

Wednesday, June 20, 2012
Reference: 
2012-53

Summary:
Request the entirety of the administrative record for records of all applications for marijuana dispensary cultivation center registrations related to six-member medical marijuana panel’s evaluation of such applications. The evaluation of applicants for licenses are for the purposes of making recommendations to the Director, who makes the final decision, therefore, the evaluations are subject to the deliberative process privilege. Correspondence with the OAG containing narrow, direct requests for legal advice which is exempt under attorney-client privilege. The burden of review and production of the requested records was not unduly burdensome.

Exemption/Issue

D.C. Official Code § 2-534(a)(4)(deliberative process privilege);

D.C. Official Code § 2-534(a)(1)(Trade secrets and commercial or financial information);
and

D.C Official Code § 2-534(a)(4)(attorney client privilege)


Disposition:

Upheld in part and reversed and remanded in part