Open Records?

July 11, 2017

This week, a local paper[1]reported that applicants for Pennsylvania medical marijuana licenses were permitted to submit two versions of their applications: one for evaluation by the state’s licensing authority and a second, self-redacted version, for public release.

What was released to the public was a bewildering mass of blacked-out text. In addition to blacking out notes on proximity to health care facilities, maybe, maybe, a competitive or confidential issue, they variously redacted page numbers (?), the business’ name and address (!), and the business’ expected impact on the local community, which seems to be exactly what should be released. One applicant is described as redacting “nearly its entire 186-page grower application, including [the official] instructions” (?!)

The article quoted a Marijuana trade association official who said that these companies were “looking at what their competitors are going to see” and redacted that. Page numbers? And, Pennsylvania officials say that they cannot un-redact what has been blacked out. Then, consider the questions of why a filer can ever exercise absolute control over what is disclosed from public records, and why Pennsylvania ever created this public/private record system.

Ever wonder why Open Record laws don’t work?

[1] Nicole C. Brambila, “Marijuana firms redacted many parts of applications”. Reading Eagle, July 10, 2017, A1, A3.



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