By Emily Mandracchia
On May 27, Suffolk County Executive Ed Romaine (R) and Suffolk County Police Commissioner Kevin Catalina (R) were joined by Suffolk County Sheriff Errol D. Toulon, Jr. (D) and other town supervisors and county officials to announce the results of a large-scale crackdown of illegal cannabis shops involving multiple jurisdictions throughout the region.
With the goal of maintaining public safety and wellness, New York State law officially stipulates the prohibition of cannabis and other THC-related products at mobile retail or civic settings that may include vendors, such as farmer’s markets, street fairs, historical or religious societies among others.
According to District 4 Assemblywoman Rebecca Kassay (D, Port Jefferson), this crackdown also includes prerolled joints, THC vapes and edibles or tinctures containing THC. Regardless of whether the vendor possesses a license to operate a brick-and-mortar dispensary, the sale of such products is still considered illegal on the basis of the mobile venue sale. Violators are subject to what Kassay refers to as a “hefty” fine and any further disciplinary action deemed necessary.
Products that are listed to contain less than or equal to 0.3% THC are not restricted by NYS law insofar as they are properly labeled according to both federal and state cannabis and hemp product regulations. Kassay recalls that residents are often surprised when she informs them that, currently, there are “no licensed cannabis dispensaries in the Town of Brookhaven, and that any shop that has been selling intoxicating cannabis products has been doing so illegally.”
Accessibility to intoxicating products at pop-up venues enable their legality and accessible use to impart a more present danger onto the surrounding public. Kassay said herself that she had visited a street fair and witnessed a vendor unlawfully selling cannabis products firsthand. Kassay writes, “In speaking with the event’s coordinators, it came to light how many community members aren’t aware that it is currently unlawful for intoxicating cannabis products to be sold at pop-up markets in New York State.”
Catalina stated similarly that there is a wealth of anecdotal evidence that suggests the cannabis sold to minors is often laced with unknown chemicals and additives; people have “no idea” what they are buying. Further, those who applied for licenses but have not been approved often still sell cannabis in the interim. Increase in road accidents, medical afflictions and the deterioration of the quality of business communities and public safety all served as catalysts for the agreement that the current NYS cannabis policy required further refinement.
New York State’s Office of Cannabis Management will be engaging the public with a proposal regarding future licenses for cannabis sales at pop-up events like street fairs and farmers markets, which would require both a licensed vendor and a licensed grower to be in attendance.
For now, the crackdown offers a temporary solution to the problem — provided that the official proposal will most likely be introduced in June 2025 with a public comment period to follow.
In the meantime, it is recommended that any suspicions of illegal cannabis sale are reported to the NYS Office of Cannabis Management. Illegal sales encompass those that are without license, made to minors, illegally packaged products, incite adverse medical reactions, or otherwise spark enforcement concerns. For more information on these guidelines, visit cannabis.ny.gov/report-an-incident.
To receive this NYS OCM proposal when it is released and to engage in the public comment opportunity or to share any other questions or concerns, please contact Kassay’s office by emailing [email protected] or calling 631-751-3094.
