The Cole Memo

Dear Freedom of Information Officer,

Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/), I am requesting access to and copies of records related to outdoor cannabis cultivation in the state of Illinois.

Specifically, I am seeking:

1. Any and all documents, including permits, licenses, or variances, that pertain to the outdoor cultivation of cannabis or hemp in the state of Illinois.
2. Information regarding any restrictions or conditions attached to these permissions, particularly any stipulations concerning the end use of the outdoor cultivated cannabis (i.e., for extraction or infusion purposes only).
3. Specific documents related to Natures Grace and Wellness Cultivation Facility in Vermont, Illinois, and GTI Cultivation Facility in Rock Island, Illinois, in connection with their outdoor cannabis cultivation permissions or variances.
4. Records referencing outdoor cultivation of cannabis or hemp.

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 there are fees associated with this request, please inform me in advance of fulfilling the request. However, I request a waiver of all fees, as the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of outdoor cannabis cultivation regulations in Illinois.

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.

Thank you for your prompt attention to this matter. I look forward to receiving the requested information within the five business days as stipulated by the Illinois Freedom of Information Act.

Hello,

The following records have been requested pursuant to the Illinois Freedom of Information Act (5 ILCS 140/):

1. Any and all documents, including permits, licenses, or variances, that pertain to the outdoor cultivation of cannabis or hemp in the state of Illinois.
2. Information regarding any restrictions or conditions attached to these permissions, particularly any stipulations concerning the end use of the outdoor cultivated cannabis (i.e., for extraction or infusion purposes only).
3. Specific documents related to Natures Grace and Wellness Cultivation Facility in Vermont, Illinois, and GTI Cultivation Facility in Rock Island, Illinois, in connection with their outdoor cannabis cultivation permissions or variances.
4. Records referencing outdoor cultivation of cannabis or hemp.

With respect to records listed in 1, 2 and 3 of the above FOIA request, your request is denied. The requested records are exempt pursuant to Section 7(1)(a), (g), and (k), and Section 7.5(rr) of FOIA, or are contained within the supporting documentation for both the medical and adult use cannabis business establishments and are confidential pursuant to Section 145(a)(2) & (c)  of the Compassionate Use of Medical Cannabis Program Act, and Section 55-30(b)(1) of the Illinois Cannabis Regulation and Tax Act.  [5 ILCS 140/7(1)(a); 5 ILCS 140/7(1)(f); 5 ILCS 140/7(1)(k); 5 ILCS 140/7.5(rr); 410 ILCS 130/145(a)(2) and (c); 410 ILCS 705/55-30(b)(1)].

Section 7(1) of FOIA states in pertinent part as follows:

(5 ILCS 140/7)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:  

(a) Information specifically prohibited from prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

(g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested.

The information included under this exemption includes all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund’s managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm.

(k) Architects’ plans, engineers’ technical

submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security.

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(rr) Information that is exempt from disclosure under

the Cannabis Regulation and Tax Act.

Section 145(a)(2), (b-5) & (c) of the Compassionate Use of Medical Cannabis Program Act state: 

Sec. 145. Confidentiality. 

a.       The following information received and records kept by the Department of Public Health, Department of Financial and Professional Regulation, Department of Agriculture, or Illinois State Police for purposes of administering this Act are subject to all applicable federal privacy laws, confidential, and exempt from the Freedom of Information Act, and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of those authorized agencies to perform official duties under this Act and the following information received and records kept by Department of Public Health, Department of Agriculture, Department of Financial and Professional Regulation, and Illinois State Police, excluding any existing or non-existing Illinois or national criminal history record information as defined in subsection (d), may be disclosed to each other upon request:                                           

***

(2) Applications and renewals, their contents, and supporting information submitted by or on behalf of cultivation centers and dispensing organizations in compliance with this Act, including their physical addresses. This does not preclude the release of ownership information of cannabis business establishment licenses.       

***

(b-5) Each Department responsible for licensure under this Act shall publish on the Department’s website a list of the ownership information of cannabis business establishment licensees under the Department’s jurisdiction. The list shall include, but shall not be limited to, the name of the person or entity holding each cannabis business establishment license and the address at which the entity is operating under this Act. This list shall be published and updated monthly.

(c) Except for any ownership information released pursuant to subsection (b-5) or as otherwise authorized or required by law, it is a Class B misdemeanor with a $1,000 fine for any person, including an employee or official of the Department of Public Health, Department of Financial and Professional Regulation, or Department of Agriculture or another State agency or local government, to breach the confidentiality of information obtained under this Act.

 Section 55-30 of the Illinois Cannabis Regulation and Tax Act states in pertinent part: 

            Sec. 55-30. Confidentiality.

(b) The following information received and records kept by the Department of Agriculture, the Department of Public Health, the Illinois State Police, and the Department of Financial and Professional Regulation for purposes of administering this Article are subject to all applicable federal privacy laws, are confidential and exempt from disclosure under the Freedom of Information Act, except as provided in this Act, and not subject to disclosure to any individual or public or private entity, except to the Department of Financial and Professional Regulation, the Department of Agriculture, the Department of Public Health, and the Illinois State Police as necessary to perform official duties under this Article and to the Attorney General as necessary to enforce the provisions of this Act. The following information received and kept by the Department of Financial and Professional Regulation or the Department of Agriculture may be disclosed to the Department of Public Health, the Department of Agriculture, the Department of Revenue, the Illinois State Police, or the Attorney General upon proper request:

(1) Applications and renewals, their contents, and supporting information submitted by or on behalf of dispensing organizations, cannabis business establishments, or Community College Cannabis Vocational Program licensees, in compliance with this Article, including their physical addresses; however, this does not preclude the release of ownership information about cannabis business establishment licenses, or information submitted with an application required to be disclosed pursuant to subsection (f);

Regarding question 4, your request for “Records referencing outdoor cultivation of cannabis or hemp” is too broad.  Please specify the type of records you are requesting and also provide a time frame for the records search.

 You have the right to have the denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General.