A Puerto Rico court recently ruled on a significant case involving access to information related to cannabis laboratories. The Court of Appeals of Puerto Rico decided that Cannalytics, LLC, a cannabis testing laboratory, has the right to intervene in a case where Novacann Labs Corp. sought access to documents held by the Office of Medical Cannabis. This ruling is important as it addresses the balance between public access to information and the protection of proprietary business secrets.
The case, titled Novacann Labs. Corp. v. Marjorie Rivera Tolentino, en Su Carácter De Directora Ejecutiva De La Oficina De Cannabis Medicinal Y Junta Reglamentadora Del Cannabis Medicinal v. Cannalytics, LLC, was filed under docket number TA2026CE00620. It highlights the ongoing legal debates surrounding the cannabis industry in Puerto Rico, particularly regarding transparency and confidentiality.
The dispute began when Novacann Labs filed a request for public access to various documents, including comparative analysis reports and certificates of analysis from both Cannalytics and another lab, Green Hills. Novacann argued that the information was necessary for transparency and accountability in the cannabis industry. However, Cannalytics contended that the documents requested contained proprietary information and trade secrets that should be protected.
The case reached the Court of Appeals after Cannalytics sought to intervene in the proceedings. The lower court had initially denied Cannalytics' request to intervene, leading to the appeal. Cannalytics argued that the information requested by Novacann included sensitive business information that, if disclosed, could cause irreparable harm to its operations.
On June 30, 2026, the Court of Appeals, led by Judge Pagán Ocasio, ruled in favor of Cannalytics. The court determined that the lower court had erred in denying Cannalytics' request to intervene. The ruling emphasized that Cannalytics had a real and justiciable interest in the documents Novacann sought. The court stated, "Cannalytics ostenta un interés propietario real, concreto y justiciable sobre los documentos que Novacann pretende obtener..." This means that the court recognized Cannalytics' right to protect its trade secrets and proprietary information.
The court's decision also highlighted the importance of due process, stating that Cannalytics should have the opportunity to present its case regarding the confidentiality of the requested documents. The ruling allows Cannalytics to participate in the ongoing legal proceedings to ensure its interests are adequately represented.
This ruling has significant implications for the cannabis industry in Puerto Rico. It sets a precedent for how courts may handle cases involving the balance between public access to information and the protection of trade secrets. The decision reinforces the idea that businesses have the right to protect their proprietary information, even in industries that are subject to public scrutiny.
Going forward, this ruling may influence how other cannabis companies approach transparency and information sharing. It also underscores the importance of legal frameworks that protect both public interests and private business rights. Companies in the cannabis sector may need to be more cautious about what information they disclose publicly, as the legal landscape continues to evolve.
As for what’s next, the case will return to the lower court for further proceedings in light of the appellate court's ruling. Cannalytics will now have the opportunity to present its arguments regarding the confidentiality of the documents in question. Additionally, it remains to be seen whether any further appeals will arise from this case, particularly from Novacann or the Office of Medical Cannabis.