The New York State Office of Cannabis Management announced on Tuesday, Feb. 8, that letters have been sent to businesses across the state suspected of illegally selling cannabis, including the practice of gifting, to stop or risk penalties that could include fines and criminal penalties.
Despite the announcement, many shops, including Bmillz, a shop that “gifts” marijuana with the sale of a sticker with locations in Waverly, Owego, Elmira and beyond remained open the following day.
“We have not received a letter yet, and until we do and go over it with our lawyer to see what our options are we are not going to comment,” said Bill Fenton, co-owner of Bmillz.
According to New York State’s Office of Cannabis Management, the letters sent to businesses like Bmillz explain that while cannabis has been legalized for those aged 21 and over, selling it requires a license under the law, and to date no licenses have been issued in New York State.
“Through an initial investigation, the OCM has identified over two dozen alleged violators and sent letters to each, educating them on the law and directing them to stop their illegal activity immediately,” the OCM wrote in a statement.
During a previous marijuana information virtual forum for the Southern Tier held Thursday, Feb. 3, Cannabis Control Board Chair Tremaine Wright said there is no grey area and that businesses gifting cannabis do so illegally.
“We have an obligation to protect New Yorkers from known risks and to strengthen the foundation of the legal, regulated market we are building. We will meet the goals of the MRTA to build an inclusive, equitable and safe industry,” said Wright in a prepared statement.
Despite the fact that marijuana has been legal to consume in New York State, there has been no announcement as to how long it will take for the state to begin issuing sales licenses so the legal industry can get up and running. In the meantime the state is asking consumers to not partake in unlicensed cannabis retail, arguing the marijuana itself could be unsafe.
Shortly before we went to print we received photos of a heavy police presence at the Bmilzz location in Waverly, N.Y. on Friday morning. We will be providing updates to this story as it develops. You can also visit us online at www.owegopennysaver.com, or Follow us on Facebook for updates.
“We encourage New Yorkers to not partake in illicit sales where products may not be safe and we will continue to work to ensure that New Yorkers have a pathway to sell legally in the new industry,” said OCM Executive Director Chris Alexander.
In the meantime both Alexander and Wright said they are doing their best to directly discourage current shops like Bmillz from continuing to operate.
“These violators must stop their activity immediately, or face the consequences,” Wright said in a prepared statement.
Alexander also released a statement to that effect, writing, “We want to make sure these operators fully understand the law and the consequences they face, and now that these letters have been sent we fully expect them to cease and desist their activities; if they don’t, we will take action.”
How do we get a license?