State says gift marijuana stores are illegal

FINGER LAKES--With cannabis now legal in New York state, and in the process of being regulated for legal sale, the state Office of Cannabis Management held a virtual town hall for the Southern Tier Thursday, Feb. 3. Among the many discussion points was the prevalence of recently opened cannabis gifting stores that have popped up throughout the region. They operate by gifting cannabis with a purchase of a t-shirt, sticker or other donation.
In the absence of the full state regulations on marijuana, operators of the gifting stores say they are in a grey area of the law, however the state has clarified they are not.
"We are building the adult market but it is not operational," said Cannabis Control Board Chair Tremaine Wright. "We have read the same stories as you in the press of pop-up dispensaries claiming to operate in some grey area... They are calling it gifting and I want to be very clear with everyone here. This activity is illegal. There are no grey areas in the law."
The OCM issued a follow-up statement, Tuesday, Feb. 8, on the matter. "The New York state OCM today sent letters ordering businesses suspected of illegally selling cannabis, including the practice of "gifting," to cease and desist those operations or risk the opportunity to get a license in the legal market as well as substantial fines and possible criminal penalties. The letters explain that while cannabis has been legalized for those aged 21 and over, selling it requires a license under the law."
Wright was unequivocal that in New York, outside of the very limited medical use regulations, there are no stores open to purchase adult-use cannabis legally at this time. The regulations currently being developed will work to ensure what is sold at legal cannabis stores is safe, however without those in place, Wright said it is impossible for buyers to know what they are getting at gift-style shops.
"It has no testing quality assured," Wright said.
"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," said OCM Executive Director Chris Alexander.
While no town, village or city can prevent individuals from using marijuana, municipalities did have the option as to whether they wanted to allow the sale of cannabis legally under the direction of the OCM. Many of the gift shops were open even before opt-in or opt-out decisions were made.
Wright did not say when it would be legal for businesses to begin selling cannabis in New York.
"We are working very hard... and while we get the market up and running it's important to take the time to get it right," said Wright.
Under current New York laws:
• Only adults 21 years of age or older may possess and use adult-use cannabis.
• Adults over 21 can possess up to three ounces of cannabis and 24 grams of concentrated cannabis (like vaporization oil or an edible). Adults may possess up to five pounds of cannabis at their personal residence or grounds.
• All cannabis should be stored securely and kept away from individuals under 21.
• It is illegal and dangerous to drive under the influence of cannabis. You can be charged with a DUI and are subject to the same penalties as driving drunk.
• Cannabis cannot be consumed when operating a motor vehicle. The smoking of cannabis is prohibited anywhere smoking tobacco is prohibited.
• Since cannabis is illegal federally, you cannot cross state or international borders in possession of cannabis. It is also illegal to possess and use cannabis on federal lands or property.
The Office of Addiction Services and Supports can help anyone struggling with substance use problems. 1-877-846-7369 or oasas.ny.gov.