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The shutdown of five stores illicitly selling marijuana in Syracuse highlights how the poor rollout of the legal industry has led to the sale of potentially contaminated, highly-accessible and unregulated weed.

The shutdowns came during New York state’s crackdown on the widespread sale of unlicensed cannabis products, seizing $42 million worth of product, some of which wasn’t safe for consumption. The illicit market’s dominating presence comes from the lack of policy preparation ahead of legalization. The laws regarding who can and can’t sell marijuana are so gray the state can hardly control its sale.

Perpetually missed deadlines have delayed the industry’s expansion and empowered the illicit market. The sale of cannabis from unlicensed shops boomed because of convenience for consumers. Patrons are rarely asked for ID and don’t have the high taxes of dispensaries. You can buy 3.5g of weed for $25 compared to upwards of $55 at a dispensary.

Opening more dispensaries for consumers to buy marijuana from reliable sources would help curb the illicit market and make smoking safer. Applications for those interested in legally growing and selling cannabis were open to the general public for the next two months starting on Wednesday.

About 40 percent of tested products from 20 unlicensed stores contained pesticides, E. coli, heavy metals and/or salmonella. But even weed from dispensaries have come up positive for mold, bacteria, and/or yeast at rates exceeding what state law allows. It’s an issue that can be traced by policy makers’ disastrous roll out of the legal industry.

New York initially prioritized distributing cannabis licenses to people with prior cannabis-related charges and their families, a positive step to allow those affected by the war on drugs to profit from cannabis’ legalization. But the requirement led to a group of disabled veterans to file a lawsuit claiming the New York state Office of Cannabis Management should have allowed a broader group of people to apply for the initial round of applications.

The judge decided to halt the distribution of licenses, setting back the expansion of the legal market, and the Office of Cannabis Management has failed to distribute more licenses since. The judge justified the financial implications of his ruling by claiming state legislators should have foreseen the legal problems.

John Vavalo, owner of High Peaks and a cannabis grower and processor for the past 12 years, said his legal business has had to compete with the gray market.

“New York state told all the growers to get up and grow and they told the processors and manufacturers you need to have enough product available for a market that is going to be established by the first of the year,” Vavalo said. “The reality is there are 23 stores and it’s October so there is still no market.”

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Some growers have turned to the illegal market to make back millions in losses. Legally mass-produced cannabis that initially passed inspection sat with nowhere to be sold. Depending on how it was stored, the cannabis may have developed contaminants by the time it entered the market.

“There is some enforcement that needs to happen within the legal system … but I would bet a lot of that out-of-compliance product is a result of letting things slide and being a little lenient,” Vavalo said.

Dr. Ross Sullivan, assistant professor of emergency medicine and toxicology at Upstate Hospital and medical director of Helio Health, agreed the illicit market can be dangerous because of its unreliability. Although Sullivan said it’s too early in the research to fully understand the negative effects of the increase of marijuana usage, the illicit market highlights potential harm of marijuana in a culture that views it as harmless.

“If you are going to use marijuana, try to get it from as reliable a source as possible,” said Sullivan. “There are a lot of benefits, less people are going to jail, people can use it and still function. But there are those who are going to have a problem with it. Just know that it’s okay to have that problem, just seek help.”

Gov. Kathy Hochul signed legislation in May to give additional power to departments enforcing new civil and tax penalties for the unlicensed sale of cannabis. Syracuse’s Division of Code Enforcement issued unfit declarations under the New York State Property Maintenance Code to shut down the stores and seize their products.

One of the rationales for the legalization of marijana was to ensure safe, reliably sourced marijuana consumption but the potential danger of the illicit market shows the importance of buying from a reliable source and testing your weed. New York state needs to ramp up the pace rolling out the legal cannabis industry to support the opening of more dispensaries.

Brian Joseph Cohen is a junior Magazine, News and Digital Journalism major with a Sociology minor. His column appears bi-weekly. He can be reached at bcohen10@syr.edu.

Published on October 4, 2023 at 11:16 pm