On July 22nd, 2020, an article published on GrownIn.com reported that the state of Illinois had issued fines to cultivators in the years 2019 and 2020. Unfortunately, the original article from GrownIn.com seems to have been removed from their website. To access an archived version of the report as it was initially published, you can paste the original link in the WaybackMachine.
Below, you will find the results of a Freedom of Information Act (FOIA) request, as initially reported by GrownIn:
| Issued | Cultivation Center | Fine | Description |
| 2/6/2020 | Revolution – Barry | $1,000 | Failure of off site video storage |
| 12/18/2019 | Ataraxia – Albion | $5,000 | Unsecured exterior door |
| 11/21/2019 | GTI Clinic – Rock Island | $10,000 | Transportation team left vehicle and cannabis unsecured during delivery |
| 11/19/2019 | Revolution – Barry | $500 | Failure to register cannabis product |
| 9/25/2019 | Progressive Treatment Solutions – East St. Louis | $2,000 | Transportation of product without manifesting |
The FOIA requests that I’m about to outline were inspired by the outcomes of GrownIn’s request. The requests outlined in this article are among the first I have ever submitted. I am happy to tease the fact that one of my first FOIA requests, that isn’t mentioned in the below article, will be included in a forthcoming article scheduled for future publication.
My choice to initiate a FOIA request on this specific subject was influenced by its perceived simplicity and the successful track record of prior requests by GrownIn.com. I began the process by contacting the Illinois Department of Financial and Professional Regulation (IDFPR). The text of my request to IDFPR is outlined below:
Hello,
The following records have been requested pursuant to the Illinois Freedom of Information Act (5 ILCS 140/):
- A list and details of all fines levied against cannabis cultivators and cannabis dispensaries by the Illinois Department of Financial and Professional Regulation from January 1, 2020, through August 15, 2023.
- Any correspondence, notices, or reports related to the aforementioned fines, including the reasons for each fine, the entities or individuals fined, the date for each fine, and the amount of each fine.
- Any documentation or correspondence related to transportation and security violations at cannabis cultivation sites or dispensaries during the specified period.
- If there are no records of fines levied against dispensaries or cultivators during the specified period, please provide a statement affirming the absence of fines.
I would like to acknowledge and express my appreciation for the department’s past commitment to transparency, as evidenced by previous FOIA requests made by entities like GrownIn.com. Their successful request for information on similar topics demonstrates the department’s willingness to provide essential data in the public interest.
This request is made in the public interest, as it seeks to promote transparency and accountability in the regulation of the cannabis industry in Illinois. Given the public significance of this topic and its potential impact on the welfare and safety of Illinois residents, I believe that the release of this information is in the public interest. Therefore, I kindly request a waiver of any fees associated with this request. If there are fees associated with this request, please inform me in advance of fulfilling the request.
Please provide the requested records in electronic format if possible. If some portions of the requested records are exempt from disclosure, please redact the exempt portions and provide me with the remainder of the records. If you determine that any portion or all of the requested records are exempt from disclosure, I request that you provide a written explanation for such a decision.
Text from my FOIA request to IDFPR
In response to my request, the Department provided me with a document attachment. The document they sent is accessible below.
In response to my request to IDFPR, they clarified that the requested records are considered public information, and therefore, they directed me to access them directly. These records can be found here, and they encompass various fines related to dispensaries and other businesses operating under IDFPR licensing.
The section of my request that sought a comprehensive list and detailed information on fines imposed on cannabis cultivators was denied, as IDFPR does not oversee cultivator licensing. IDFPR clarified that they do not have jurisdiction over cultivator licensing. In light of this, they kindly suggested that I redirect my inquiry to the Illinois Department of Agriculture (IDOA). I acknowledge that this was an oversight on my part and appreciate the department’s helpful guidance in clarifying the appropriate authority to contact.
I proceeded to submit my request to IDOA, and the full text of that request is provided below:
The following records have been requested pursuant to the Illinois Freedom of Information Act (5 ILCS 140/):
- A list and details of all fines levied against cannabis cultivators by the Illinois Department of Agriculture from January 1, 2020, through August 15, 2023.
- Any correspondence, notices, or reports related to the aforementioned fines, including the reasons for each fine, the entities or individuals fined, the date for each fine, and the amount of each fine.
- Any documentation or correspondence related to transportation and security violations at cannabis cultivation sites during the specified period.
- If there are no records of fines levied against cultivators during the specified period, please provide a statement affirming the absence of fines.
I would like to acknowledge and express my appreciation for the department’s past commitment to transparency, as evidenced by previous FOIA requests made by entities like GrownIn.com. Their successful request for information on similar topics demonstrates the department’s willingness to provide essential data in the public interest.
This request is made in the public interest, as it seeks to promote transparency and accountability in the regulation of the cannabis industry in Illinois. Given the public significance of this topic and its potential impact on the welfare and safety of Illinois residents, I believe that the release of this information is in the public interest. Therefore, I kindly request a waiver of any fees associated with this request. If there are fees associated with this request, please inform me in advance of fulfilling the request.
Please provide the requested records in electronic format if possible. If some portions of the requested records are exempt from disclosure, please redact the exempt portions and provide me with the remainder of the records. If you determine that any portion or all of the requested records are exempt from disclosure, I request that you provide a written explanation for such a decision.
Text from my FOIA request to IDOA
On September 7th, I received a response from the FOIA officer at IDOA. The text of their initial response is provided below.
Regarding your FOIA request received on August 30, 2023, please be advised the Department is extending for five additional working days the time limit for responding to your request. Section 140/3(e)(vi) of the Illinois Freedom of Information Act [5 ILCS 140] states:
“(e) The time for response under this Section may be extended by the public body for not more than 5 business days from the original due date for any of the following reasons: … (vi) the request for records cannot be complied with by the public body within the time limits prescribed by paragraph (c) of this Section without unduly burdening or interfering with the operations of the public body”
The extension due date for your request will be September 14, 2023.
Initial response from IDOA (9/7/23)
Subsequently, on September 12, 2023, the FOIA officer at IDOA replied with the following response:
The PDF that the department provided is available for download below.
The department’s response was greatly informative, and it introduced me to previously unfamiliar information. The part that particularly caught my attention in their response to my request was their explicit mention of “please see the attached document listing fines that were not rendered confidential through the Consent Order process provided in 8 IAC 1300.600(f).”
This statement piqued my curiosity and led me to wonder if there was an alternative means of obtaining this information. I began to wonder if they might be able to provide the information with personal identifiers redacted.
I assumed that they might consider providing the information in a redacted format, similar to how law enforcement agencies share crime data, such as the number of burglaries or drug-related incidents in a given area, while protecting individual privacy, I wondered if the department could provide insights into the types of charges imposed on cultivators without disclosing personal identifiers. My primary interest came from a genuine desire to gain a general understanding of the department’s regulatory actions without the need for specific personal information.
With this in mind, on September 22, 2023, I took the initiative to respond to the department. Please find my complete response below.
To fulfill my initial request, can you provide fines that were originally considered confidential, but in an anonymized format, as rendered confidential through the Consent Order process provided in 8 IAC 1300.600(f)? In simpler terms, I’m asking for a list of fines issued within the specified date range with all confidential information removed, in accordance with the procedures outlined in 8 IAC 1300.600(f).
In consideration of the department’s resources, and being new to this process, I would like to inquire if it would be appropriate for me to submit a new request instead of directly replying to this email. If this is the preferred course of action, please guide me on the next steps we should take.
Text of my response to IDOA
As this was my first time navigating this process, I decided to reach out to the Office of the Attorney General to seek their perspective on the matter and gauge whether my follow-up request was reasonable. They indicated that my follow-up request appeared to be reasonable, but they also mentioned that they hadn’t previously encountered this particular aspect of the law. They suggested that I keep them informed of the department’s response and expressed their willingness to assist in obtaining a response or clarification from the department if necessary.
On September 29, 2023, IDOA declined my inquiry. Below, you can review the response they provided in reply to my request.
I contacted the Office of the Attorney General to seek their perspective regarding IDOA’s denial of my request. After a telephone conversation with their office, they suggested that if I wished to proceed, I should respond to their email to signal my intent. During our conversation, they conveyed that it appeared I had a valid case and that there was a reasonable chance of obtaining the requested data. Although they emphasized that there could offer no assurances due to their lack of experience with this specific type of request, they did demonstrate a comprehension of the reasoning behind my inquiry. I requested them to open a file and proceed with my request, and they confirmed that they would be doing so.
On October 12, 2023, the Office of the Attorney General initiated contact with the Illinois Department of Agriculture. Their communication can be found below.
On October 23rd, IDOA sent me an email stating, “Upon further consideration the Department will fulfill your request for a list of fines rendered through the Consent order process in an anonymized format issued between January 1, 2020 and August 15, 2023. You will find attached a redacted copy of the fine log for consent orders. Confidential information has been redacted.” Below is the information that they provided to me.
I found this response unsatisfactory. Before I crafted a reply, I thought it would be good to involve my contact at the Office of the Attorney General. Here is the message I sent to her:
Laura,
Before I respond, I’d like to get your input: Do you think that they might be able to provide the violation description? I observed that they redacted the ‘violation description’. It seems to me that sharing this information shouldn’t be an issue if they withhold the name of the fined entity.
Receiving the violation descriptions for the two entries they’ve already shared would fulfill for my request for fines issued by the Department of Agriculture. This would give me a complete view at the type of fines they issue against licensed entities in the state and would contribute to a better understanding for the public.
Text from email I sent to Office of Attorney General
Following our phone conversation, my contact expressed their intention to initiate discussions with the department to explore potential solutions. However, she advised me that they might maintain their unwavering position. She conveyed that the department’s concern revolved around the possibility that disclosing additional information could inadvertently expose sensitive details about the charged entity, potentially compromising the confidentiality that was originally intended to be guaranteed. In essence, from what I could gather, they seemed to argue that providing further details could risk revealing compromising information about the fined entity.
My contact followed up with me and confirmed that IDOA had decided to stand firm, maintaining their refusal to provide additional information. I then requested the Office of the Attorney General to provide me with a written response summarizing the final outcome of this matter. Additionally, I asked them to explicitly mention in their response whether they had previously encountered this aspect of the law. Their response is presented below, marking the conclusion of this matter.
On November 6th, 2023, the Office of the Attorney General provided me with a comprehensive summary of the entire situation and issued a formal notice confirming the closure of the case related to my inquiry. The summary and notice can be found below.
The Cole Memo 
Leave a comment