WARNING: A POTFUL OF TROUBLE FOR NYC?

On March 31, 2021, New York became the 15th state to legalize marijuana when then Governor Andrew Cuomo signed into law the Marijuana Regulation and Taxation Act, which eliminated penalties for possession of less than 3 ounces of cannabis, and sought to advance racial justice by automatically expunging records of people with past convictions for marijuana-related offenses that would no longer be criminalized. The bill also authorized a social and economic provision that sought to encourage participation in the industry by setting a goal of assigning a minimum of 50% of the licenses for retail stores selling marijuana and associated products to minorities (people of color) and women who were adversely affected by unfair marijuana prosecutions in the past.

It is now, as of this writing, two years later and ONLY 4 licenses have been given out in New York City (3 in Manhattan's East, West Greenwich Village and Union Square and 1 in Queens).  The State is about to release 99 new licenses with 54 designated for NYC and the rest scattered throughout the state.  The obvious question is why is the state taking so long to issue licenses, but rather than answer that question, this newsletter is addressing the more important question:  What has been the impact of the delay in issuing licenses?

Anyone who has recently walked in virtually any neighborhood in Manhattan or any of the other boroughs of NYC would think that the state's law was fully operational; there is no shortage of carts, trucks, storefronts or stray individuals or groups on the streets peddling weed, its paraphernalia and assorted creams, ointments, gummies and other lotions and potions...almost all of which are unlicensed and totally illegal!  In fact, the New York City Sheriff's Office has estimated that there are over 1500 illegal marijuana stores operating in broad daylight in NYC, a few of which have been raided by the Sheriff, had their goods confiscated and then re-opened within hours of the raid, proclaiming the raid was just "the cost of doing business." On some city blocks, there are as many as 2-3 establishments, all illegal, selling cannabis and associated products.

As the Warnings Doctor, I am not concerned with the proliferation of unlicensed stores as an issue of capitalism or of legality.  I am concerned about the issue of safety!  According to a recent New York Times article (12/1/2022) on illicit cannabis stores and the products they sell, "lab tests conducted on smokable weed, edible candies and vaporizers purchased from 20 smoke shops and dispensaries detected prohibited levels of eight different contaminants, including E. coli, salmonella, nickel and lead." The survey also found that the strength of some products was mislabeled, according to the report from the New York Cannabis Industry Association, a state trade group.  In some cases, the tests found that the amount of THC, the substance that gets you high, was 2-3 times the advertised dose.  This could be especially dangerous to children and their developing brains.

The unlicensed stores in NYC appear to be marketing directly to children by placing shelves of Starburst, M&M's and other candies, infused with CBD and THC front and center in their store marketing displays.   Some stores are using caricatures and cartoons featuring the likenesses of some of children's favorite TV stars and characters from shows such as Pokemon and Peppa Pig.  Jars of colorful Gummy Bears, little envelopes  of Trix and Cocoa Puffs cereals that appeal to kids are for sale, and although customers must be 21 to purchase any candy with CBD or THC (according to the slapped-on labeling), underage shoppers are found in most stores and certainly on the streets where individual vendors and street trucks are readily available.  The threats to children are real.  First, since these products are designed to look like candy, kids are less likely to heed the dosage guidelines on a bottle of candy and risk over-consumption,  which could result in a toxic overdose reaction.  Second, THC, which is in many of these products, is a mind-altering substance which can interfere with a child's developing brain.  According to Katherine Schneider, a licensed NY clinical social worker specializing in cannabis effects on children, "children's brains are in the process of changing in density from grey matter to highly connected neural networks that make up a mature brain, typically not found in humans until around 25 years old...THC could increase the vulnerability of the growing neurons and neurotransmitters", thus inhibiting proper brain development and maturity.

The NY Office of Cannabis Management (OCM)  contends that the unlicensed cannabis operatives present a health hazard not just to children but to all of our communities.  As the Sheriff of NY stated, "We want to protect our communities against getting sick or smoking some product that is mixed with products we don't know about."  OCM has offered a strict warning to consumers about unlicensed dealers by endorsing only those with a New York State license: "Legal dispensaries are opening their doors to consumers and offering safer, tested products they can trust."

As the Warnings Doctor, that sounds like sound advice.  Besides being good business to deal with licensed dealers and good social policy, since most of those with licenses (at least in New York) had been previously prosecuted for marijuana-related crimes, it's also good health policy.  If you are inclined to purchase cannabis or its associated products, "caveat emptor" (let the buyer beware) should be your guiding philosophy.  Remember, the more informed you are, the safer you'll be!