Syracuse lawmakers pass law to stop illegal marijuana stores

Syracuse, N.Y. — The Syracuse Common Council approved a law Monday that allows the city to fine or close businesses that sell marijuana without a license.

The law also allows the city to fine the owners of the properties where the sales occur.

The law is aimed at stopping the pop-up marijuana stores that have cropped up across the city since the state legalized marijuana for recreational use.

It would allow the city to get a court order to close the business and to levy a fine of up to $10,000 against business and property owners.

The city expects to begin enforcing the new law in January.

The measure is part of the city’s effort to deal with problems resulting from the state having legalized the possession and consumption of marijuana but providing no licenses to sell it and little direction on to how to punish illegal sales.

The result has been a confusing “gray market,” where individuals are selling marijuana from unlicensed storefronts, at pop-up events and from behind the counters at established businesses.

“You can have (cannabis),” Councilor Jen Schultz said. “You can smoke it. But you can’t technically buy it, so how are you going to have it and smoke it?”

City police have been unable to enforce the licensing laws, leaving the code enforcement office to grapple with the issue. The codes enforcement process takes time, which allows those businesses operating illegally to move on to another location with no punishment.

The new law attempts to create a penalty with more teeth, as well as create accountability from property owners.

“Now we’re actually able to go in and fine them for running an illegal operation,” said Councilor Jimmy Monto. “These businesses aren’t filing permits. That’s part of the problem. They aren’t setting up a legal business. They are renting a place and just opening up.”

District councilors Schultz, Monto and Pat Hogan said they have all received calls from constituents complaining about illegal marijuana sales happening in their neighborhoods.

Hogan and Monto said the biggest issues in their neighborhoods have been pop-up shops.

“It’s a big deal in my neighborhood,” Hogan said. “We have one area with a small little business district and then suddenly you have a place that was empty that has 2,000 or 3,000 people descending on it, people parking on both sides of the street.”

Hogan said he also has safety concerns surrounding the pop-up shops because participants usually do business in cash and maintain armed security. He said that in other states they have become robbery targets.

The council also passed an ordinance that it hopes will stop illegal sales at places that have permits to operate legally. Schultz said that has been the bigger issue in her district.

“(My residents) are informing me that illegal sales are occurring at most corner stores,” Schultz said.

The city’s code enforcement office assigns points to all businesses who are found to “fail to maintain good order.”

That includes permitting activities like prostitution and gambling, and can include assaults and larcenies. Now it includes the illegal sale of marijuana.

Businesses that accumulate 12 points can be shut down. Selling marijuana illegally will be a four-point violation.

The state law has been so confusing that 4th District Councilor Latoya Allen received complaints from businesses selling marijuana. They thought they were operating legally, Allen said.

“It was the actual business owner,” Allen said of the calls. ”They felt like the city was coming in and harassing them.”

Councilors criticized the state’s Office of Marijuana Management for the minimal assistance it has provided cities in how to enforce marijuana laws. The council passed a resolution asking the state to provide financial support for efforts to enforce the law.

“More like the Office of Cannabis Mismanagement,” Hogan said. “It’s unfortunate we have to come up with local legislation to make sure our city has any regulations regarding any of these issues.”

In passing the law, councilors emphasized that they’re not attempting to punish individuals who possess or use marijuana.

Residents who have concerns with illegal marijuana sales in their neighborhoods are encouraged to contact the city at (315) 448-2489, via the SYRCityline app or at the Cityline website.

Contact Chris Carlson anytime: Email | Twitter | 315-382-7932