- Inspiration for my Request
- My Request for Cannabis Testing Data Under the Freedom of Information Act
- Cannabis Testing Data from the Illinois Department of Agriculture
- More information on Cannabis Testing
Inspiration for my Request
Investigation by Chicago Sun-Times
On December 10, 2021, the Chicago Sun-Times published a series of articles about cannabis testing in Illinois. On February 2nd, 2022, I released a conversation that I had with the lead journalists behind the Sun-Times commissioned lab testing, Tom Schuba and Stephanie Zimmerman.
During the conversation, they explain their research which was driven by the question, “What’s in your weed?” They discovered high failure rates for mold and bacteria in pre-rolled joints. The investigation included testing cannabis products independently, revealing that eight out of nine pre-rolls failed microbiological tests, although no heavy metals, pesticides, or mycotoxins were found. They also discussed the varying state regulations on cannabis, emphasizing the inconsistency across states like Illinois and Michigan.
Upon revisiting the results of their investigation, I felt inspired to submit a similar request to the state of Illinois under the Freedom of Information Act. Without access to the exact language of the original Sun-Times request, I crafted my own version based on what I imagined it to be.
You can read the entire series of articles from the Chicago Sun-Times below.
- What’s in Illinois’ legal weed? Sometimes contaminants, Sun-Times testing finds
- Illinois cannabis regulation: moldy weed but no consumer alert or recall, secret investigations
- Tainted marijuana’s possible health effects include allergic reactions, experts say
- Why cannabis that failed Illinois’ state-mandated testing flunked
- How to get and understand legal weed labels: a consumer guide
- How we tested legal weed and investigated why some marijuana never makes it to dispensary shelves
- Explore the Illinois cannabis products that failed regulatory testing
My Request for Cannabis Testing Data Under the Freedom of Information Act
Below, you will find the language of my request and the response I received.
The volume of data I received was too overwhelming for me to analyze alone, so I’ve decided to publish it as I received it, hoping that others might take it and run with it. In other words, by posting this data, I am hoping that stronger analytical minds can break down this information and perhaps conduct a new audit on the state of Illinois’ cannabis testing standards.
Language of my Request
Hello,
I am writing to request information under the Illinois Freedom of Information Act (FOIA) regarding the quality and safety testing of cannabis products in Illinois. Specifically, I am seeking data on the number of batches of cannabis flower or processed weed products that failed state-required tests from June 30, 2021, to April 26, 2024.
Additionally, I am requesting information on the reasons for these failures, including the most common reasons, and any available statistics on the percentage of cannabis tested that failed during this period. Furthermore, if possible, please provide data on the number of samples tested and the percentage of failures from 2019 through the first half of 2021, as reported by state regulators.
I would like to take this opportunity to acknowledge and appreciate the transparency demonstrated by your agency on these topics, as evidenced by successful requests made by the Chicago Sun-Times in the past.
I understand that state regulators typically collect failing test results from labs, not passing ones. However, according to information obtained by the Chicago Sun-Times, it was reported that approximately 43,039 samples were tested from 2019 through the first half of 2021, resulting in about 7% of the state’s weed products failing at least one test. I would appreciate any available data or records that can shed light on this aspect of the testing process.
If available, please provide any relevant records, reports, or data sets pertaining to these requests. If there are any fees associated with processing this request, please inform me in advance.
I would appreciate your prompt attention to this matter. If you have any questions or require further clarification, please do not hesitate to contact me.
Lastly, if you cannot handle parts or all of my request, please suggest the appropriate agency to reach out to for this information.
Thank you for your assistance.
Sincerely,
Cole Preston
Response from State
Responsive documentation to your FOIA request received on April 26, 2024, is attached. The Department does not maintain statistics on the total number of cannabis products that failed. The attached spreadsheet includes all data, both pass and fail results, from samples in which a failed result occurred, therefore it is possible to determine the percentage of failed analyses on samples which failed one or more analyses. However, the Department is unable to determine the percentage of failed results of all tests performed.
To the extent you consider this a denial 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.
Cannabis Testing Data from the Illinois Department of Agriculture
Below is a pdf file that contains the data that the Illinois Department of Agriculture sent me in response to my request.
You can download the .csv here.
More information on Cannabis Testing
Looking for more information on how cannabis testing works in Illinois (and across the nation)? Check out my episodes on the topic.
- Episode 59 – Cannabis Testing Standards in Illinois – Dr. Bob Miller – ACTLab.com
- Episode 57 – Illinois’ Cannabis Testing Rules Under Scrutiny: A Critical Examination
- Episode #333 of Chillinois Podcast featuring David Lakeman from Illinois Cannabis Division at Illinois Department of Agriculture.
- We talk about a new state-run cannabis testing lab in this interview.
- The Science of Cannabis: Cultivation, Testing, and Quality Control featuring Kyle Baker
The Cole Memo 
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