The Kentucky Office of Medical Cannabis has chosen not to release a list of applicants for its recently concluded dispensary lottery in nine regions, citing exemptions from open records laws.
This decision by Governor Andy Beshear’s administration comes despite the announcement of 36 winners last month.
The Cabinet for Health and Family Services and the Office of Medical Cannabis rejected a public records request from Kentucky Public Radio for details on applicants in regions 3 through 11. Officials argue the information is part of a “master list” that includes applicants for the final two regions, whose lottery results will be determined on Dec. 16. General Counsel Matthew Lynch stated the list remains “preliminary” and therefore exempt from disclosure.
The decision is not without its detractors. First Amendment attorney Michael Abate, representing Kentucky Public Radio, called the denial “nonsensical” and raised concerns about transparency. “Why delay disclosure until after all lotteries are done? It suggests the cabinet wants to avoid scrutiny,” Abate said.
Kentucky Public Radio has appealed the denial to the state’s attorney general.
The final lottery, encompassing approximately 1,200 applicants in regions 1 and 2, will determine dispensary licenses in Louisville and Lexington. It will take place December 16.