New York Passes New Laws To Criminalize Illicit Marijuana Sales
Nearly wo years after New York legalized recreational cannabis for adults, the state has passed new laws to criminalize unlicensed sales of marijuana as part of the state budget passed last week. Supporters of the measures maintain that they are needed to control unlicensed weed retailers and protect New York’s nascent regulated cannabis industry, which so far only includes a handful of licensed dispensaries. But some lawmakers and cannabis policy reform advocates are concerned about a return to incarceration for cannabis offenses, a preferred tactic of the failed but continuing War on Drugs that has put millions behind bars.
Last week, New York Gov. Kathy Hochul announced that the budget for the 2024 fiscal year includes provisions to reign in the state’s unlicensed cannabis market, which supports nearly 2,000 unlicensed marijuana dispensaries in New York City. The legislation empowers the Office of Cannabis Management (OCM) and the Department of Taxation and Finance (DTF) to assess civil penalties against cannabis storefronts and vending trucks engaged in the unlicensed selling of cannabis and cannabis products. The OCM will be able to assess civil penalties against unlicensed cannabis businesses, with fines of up to $20,000 a day for the most egregious offenders. Additionally, the DTF will be allowed to conduct regulatory inspections to determine if proper taxes are being paid by businesses selling cannabis products, as well as businesses that sell or give cannabis in indirect ways, including “sticker shops” or gifting schemes that include what is ostensibly a gift of cannabis with the purchase of inexpensive merchandise.
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