Bill pushed by Maher seeks to deter illegal sale of cannabis at shops
A law under consideration by state lawmakers would seek to deter the illegal sale of cannabis at unlicensed retail shops.
Businesses across the state are selling illicit pot in violation of the state’s cannabis law and if new bipartisan legislation addressing the issue becomes law, they could lose their licenses to legally sell cigarettes, tobacco products, alcohol and lottery tickets as a result, Assemblymember Brian Maher, R, Walden, a co-sponsor of the bill, said in an announcement on Thursday.
In a statement, Maher said he has joined colleagues from across the aisle and advocates from New York’s cannabis industry in support of the legislation. Maher represents the 101st Assembly District, which will soon include Shandaken in Ulster County in addition to Hardenburgh, Denning,
the town of Rochester, Wawarsing and Shawangunk, and parts of Delaware and Orange counties. Maher is currently running for re-election unopposed.
In an email Thursday, a spokesperson for Assemblymember Sarahana Shrestha said the assemblymember “mentioned that this is something we’re working out through the budget.” Shrestha’s 103rd Assembly District includes the majority of Ulster County and a portion of Dutchess County.
A spokesperson for state Sen. Michelle Hinchey, D-Saugerties, did not immediately respond to questions regarding whether she will join Maher in backing the proposal. Hinchey’s 41st Senate District includes parts of Ulster, Dutchess, Greene and Columbia counties.
According to Maher, there are currently more than 1,500 statewide shops that are illegally selling cannabis products.
In a press release, he said there are no laws in place that would adequately hold them accountable.
In February, nearly three years after the state first legalized adult-use marijuana, the state Cannabis Control Board approved two licenses for dispensaries in Ulster County and one license for a dispensary in Dutchess County. So far, no legal dispensaries have opened in either county.
The three licenses were among 109 approved by the board as it moves to quickly increase the number of pot shops licensed to operate after lawsuits and other setbacks stymied the state’s rollout of legal marijuana.
In a statement, Maher said, “This proposal is important because it would send a clear message to tobacco retailers, smoke shops, bodegas, and delis that the consequences for their illegal actions are not limited to fines, arrests, or seizures of illicit cannabis but also would directly impact their privilege to possess a tobacco, liquor or gaming license and ultimately their livelihoods.”
He continued, stating that, “Whether you support the legalization of recreational cannabis or not, we can all agree that the black market that exists today is dangerous and needs to be addressed. That is why many of my colleagues and I have joined a bipartisan effort in the Assembly and the Senate to crack down on this issue.”
Maher said that the illicit cannabis market “allows for more opportunities to lace products with fentanyl and xylazine which we know continues to kill our loved ones in every corner of our state.” There have been no documented cases of laced fentanyl or xylazine-laced marijuana or reported deaths related to illegal marijuana sales in New York.
According to the state Office of Cannabis Management
in a statement dated October 2023, “Misinformation related to the danger of accidental overdose due to cannabis ‘contaminated’ with fentanyl remains widespread. … Anecdotal reports of fentanyl ‘contaminated’ cannabis continue to be found to be false, as of the date of this publication.”
The OCM states that, “At this time, there have been zero verified incidents of fentanyl ‘contamination’ in cannabis. There is no guarantee that any unregulated cannabis product is free from contaminants or harmful ingredients.”
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