Fentanyl-laced cannabis
| Tracking # |
R000223-050423 |
| Submitted | May 4, 2023 |
| Est. Completion | June 5, 2023 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Any record in possession of the Office of Cannabis Management as of May 1, 2023 mentioning or describing the existence of cannabis laced with fentanyl or which warns about cannabis laced with fentanyl.
Attached, please find a PDF describing an event where Mayor Eric Adams has publicly stated that there is cannabis laced with fentanyl being sold to children in bodegas in New York City. The Mayor having disclosed this information publicly, there is no basis to cite law enforcement secrecy or "For Official Use Only" markings. The examination of this claim and its source is a matter of public interest which outweighs virtually all claims of an interest in withholding records.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
T. McElwee
From: Office Of Cannabis Management
Dear T. McElwee:
This message acknowledges receipt of your request. Your request was received in this office on 5/4/2023 and given the reference number R000223-050423 for tracking purposes.
Records Requested: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Any record in possession of the Office of Cannabis Management as of May 1, 2023 mentioning or describing the existence of cannabis laced with fentanyl or which warns about cannabis laced with fentanyl.
Attached, please find a PDF describing an event where Mayor Eric Adams has publicly stated that there is cannabis laced with fentanyl being sold to children in bodegas in New York City. The Mayor having disclosed this information publicly, there is no basis to cite law enforcement secrecy or "For Official Use Only" markings. The examination of this claim and its source is a matter of public interest which outweighs virtually all claims of an interest in withholding records.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
T. McElwee
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/121491/ETHANS1.PDF
Upload documents directly: https://www.muckrock.com/
We will provide you with a status update on or before 6/5/2023.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
New York State Office of Cannabis Management Records Access Office
From: Office Of Cannabis Management
--- Please respond above this line ---
T. McElwee,
The Office of Cannabis Management received your FOIL request on 5/4/2023 seeking: Any record in possession of the Office of Cannabis Management as of May 1, 2023 mentioning or describing the existence of cannabis laced with fentanyl or which warns about cannabis laced with fentanyl.
After a search of agency records, it has been determined this agency does not maintain or possess the records you have requested.
Thank you for your patience as we worked to respond to your request.
Best, Jeffrey Pritchard
Senior Attorney, Office of General Counsel
FOIL@ocm.ny.gov (mailto:FOIL@ocm.ny.gov)
Office of Cannabis Management Under Public Officer’s Law you may appeal a FOIL determination. If you desire to submit an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records, the FOIL Request Number, and a copy of the FOIL response letter you received along with your appeal letter to: Stanley De La Cruz, Records Access Appeals Officer, Office of Cannabis Management, Harriman State Building, 1220 Washington Avenue, Building 9, 4th Floor, Albany, New York 12226.
From: Office Of Cannabis Management
Dear T. McElwee,
RE: PUBLIC RECORDS REQUEST of May 04, 2023, Reference # R000223-050423
Dear T. McElwee,
The NYS Office of Cannabis Management received a public information request from you on May 04, 2023. Your request mentioned:
“To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Any record in possession of the Office of Cannabis Management as of May 1, 2023 mentioning or describing the existence of cannabis laced with fentanyl or which warns about cannabis laced with fentanyl.
Attached, please find a PDF describing an event where Mayor Eric Adams has publicly stated that there is cannabis laced with fentanyl being sold to children in bodegas in New York City. The Mayor having disclosed this information publicly, there is no basis to cite law enforcement secrecy or "For Official Use Only" markings. The examination of this claim and its source is a matter of public interest which outweighs virtually all claims of an interest in withholding records.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
T. McElwee
Attachments:
https://cdn.muckrock.com/outbound_composer_attachments/LXHXZZTVENTLKU/121491/ETHANS1.PDF
Upload documents directly: https://www.muckrock.com/
This email is to notify you that no records exist. Your request has been closed.
If you have any questions, please contact my office at . Thank you for your attention.
Sincerely,
NO STAFF ASSIGNED
FOIL Records
To view the full details of this request please log into the FOIL Records Center. (CUST_ISSUES_HREF)
From: T. McElwee
I appeal the administration's decision in FOIL # R000223-050423 as an illegal denial through refusal to perform a search. Please note that under Public Officer Law §89 3(a), the agency is required to perform a search that is "diligent." As evidence that the agency did not perform a diligent search, I note that the agency's response is attributed to "NO STAFF ASSIGNED."
My prayer for relief is that the agency comply with FOIL by assigning the required staff to perform a diligent search of agency records. To recap, the scope of records to be searched are those pertinent to enforcement actions against illegal dispensaries; responsive records are those mentioning or describing cannabis product were adulterated with fentanyl.
This appeal, now in progress, exhausts administrative remedies afforded to me under Freedom of Information Law. Should the agency fail to comply with the requirements of Freedom of Information Law, I am released to file suit under CPLR Article 78, where the court may assess attorney's fees and litigation costs against the agency.
-TM
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