Dear Mr. Duff:

This will respond to the referenced request for government records.  The
request is improper, overbroad, and unclear, in that it does not seek
government records but rather requests that the custodian perform legal
research and provide legal interpretations as to “law enforcements [sic]
ability to access medical marijuana patients [sic] dispensary purchase
information” and ”NJ’s compliance with HIPAA,” and would require the
custodian to create a record to respond to the request for “types of data
recorded regarding law enforcements [sic] ability to access medical
marijuana patients [sic] dispensary purchase information,” which is
unclear as to the identity of the entity inquired of that might be
recording data about the ability of law enforcement to access the
indicated information.  Moreover, the request regarding “compliance with
HIPAA” by the entire State of New Jersey (which implicitly assumes,
without support, the legal conclusion that “NJ” is subject to
“HIPAA”) exceeds the purview of the records custodians for the Office of
the Commissioner and the Division of Medicinal Marijuana.  Therefore, the
government records law, N.J.S.A. 47:1A-1 et seq., obliges me to deny the
request.  You have the right to appeal this determination in accordance
with applicable law.

Please note, in future, to expedite requests to the New Jersey Department
of Health for government records, please submit to the applicable
custodian through the website at
[1]https://www.nj.gov/health/opra/requests.  The address to which you
submitted the request has not been activated for ordinary use and is not
routinely monitored.

Sincerely,

Genevieve Raganelli, Regulatory Officer
Custodian of Records for the Office of the Commissioner
Office of Legal and Regulatory Compliance
New Jersey Department of Health
(609) 943-3385

════════════════════════════════════════════════════════════════════════

From: DOH-DMMPCustodian
Sent: Wednesday, November 21, 2018 12:15 PM
To: DOH-dhsscustodian
Subject: FW: [EXTERNAL] OPRA request - NJ Medical Marijuana patient
information sharing.

-----Original Message-----
From: Patrick Duff <[OPRA #3002 email]>
Sent: Sunday, November 18, 2018 12:30 PM
To: DOH-DMMPCustodian <[NJ Department of Health, Division of Medical Marijuana request email]>
Subject: [EXTERNAL] OPRA request - NJ Medical Marijuana patient
information sharing.

Dear NJ Department of Health, Division of Medical Marijuana,

This is a request for public records made under OPRA and the common law
right of access. Please acknowledge receipt of this message.
  Records requested:

I am requesting all rules and or regulations as well as types of data
recorded regarding law enforcements ability to access medical marijuana
patients dispensary purchase information and any all rules and regulations
regarding NJ’s compliance with HIPAA.

Yours faithfully,

Patrick Duff

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Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #3002 email]

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Department of Health, Division of Medical Marijuana? If so, please contact
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References

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