STATEN ISLAND, N.Y. — Since the use of recreational marijuana was legalized in New York, “smoke shops” seem to be popping up everywhere.
However, only 36 Conditional Adult-Use Retail Dispensary (CAURD) licenses were granted to New York entities to sell weed legally. So far, only two of these licensed shops have opened in the Big Apple, and both are located in Manhattan.
With legal weed shops set to open across the state, it’s hard for people to know which stores are licensed and which ones are not. There’s a “New York State Licensed Cannabis Dispensary” verification tool that’s posted in the windows of licensed retail dispensaries. But that’s the only sure sign that a shop is licensed.
At a City Council hearing earlier this month, officials said they were worried about the “tidal wave” of illegal weed shops and their effects on the legal industry.
And when authorities recently shut down an illegal marijuana shop across the street from City Councilwoman Gale Brewer’s Manhattan office, she found the store fully stocked and reopened just a few days later.
While the legal market is highly regulated, Brewer and others said dangerous substances have been reported in the products from illegal shops. And while marijuana is legal for those 21 years or older, a robust black market makes it easier for kids and teenagers to buy cannabis products.
Current New York law states that it’s still illegal to possess or sell more than three ounces of cannabis or more than 24 grams of concentrated cannabis.
In a statement to the New York Post, the NYPD said the law, as currently written, “does not provide an enforcement mechanism when an unlicensed establishment displays cannabis for sale.”
“The law only provides an enforcement mechanism if an actual sale is observed,” a spokesperson told the Post. A witnessed illegal sale can result in misdemeanor or felony.
In December, the New York City Sheriff’s Office Cannabis Task Force conducted inspections at 53 locations of suspected unlicensed cannabis operators. They issued 500 civil violations as well as 66 criminal court summonses. It was disclosed that more than 100,000 products were seized, worth more than $4 million.
Adams said the legal weed market is under threat from unlicensed cannabis stores, adding that the illegal shops threaten “a budding economic opportunity for the city.”
After the City Council hearing earlier this month, it was announced that the NYPD will continue to crack down on unlicensed weed sales in the city. In addition, it has been reported that the state legislature intends to propose bills that will further empower law enforcement to go after illicit shops.
But are fines and court summons enough?
A recent story by the Associated Press showed that legal marijuana in Oregon hasn’t quite gone according to plan. Not only did legalization fail to eliminate the marijuana black market, but it actually made it stronger.
The article says a draft bill has been proposed that “would double the maximum prison sentence and fine — to 10 years in prison and $250,000 — for unlawful manufacture involving more than 100 plants and possession in excess of 32 times the legal limits.”
We think the city and state need to enact laws that will stiffen the fines and penalties for unlicensed sales now before the black market gets out of control. Swift police action against illegal sellers also must remain a top priority.
This is the only way that New York’s legal weed market will have a chance flourish and provide all the millions of dollars in tax revenue that have been promised.
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