By Ed Hersh
They call themselves “Smoke Shops” or “Convenience Stores” … and you’ve probably noticed a new wave of them opening on Broadway, Amsterdam and Columbus.
On closer inspection, you may have also noticed that their displays inside and out seem to have less to do with sundries, drinks, snacks and cigarettes and more to do with hookahs, bongs, pipes and other kinds of paraphernalia associated with marijuana.
What you may not know: at least some of these stores are openly selling marijuana to anyone who asks for it. In fact, in at least two shops WSR visited at random, THC edibles, marijuana buds, and individual joints were displayed in full view behind the counter and in plainly-visible racks. Many of these stores have opened near schools and houses of worship.
WSR wanted to learn more about the proliferation of these stores, who is regulating them, and whether stores that are openly selling cannabis products are violating the law?
LEGAL TO USE, ILLEGAL TO SELL
Most public officials and civic leaders agree that the issue stems from a gap in the implementation of the new law. In March of 2021, New York State became the 15th state to legalize the recreational use of marijuana. It became effective immediately.
But while a network of state-regulated, made-in-New York legal dispensaries was promised under that law, more than a year later the regulations are still being developed and vetted by the state’s newly-established Office of Cannabis Management (OCM), which is tasked with regulating the state’s cannabis industry. The first legal dispensaries are not expected to open until at least the fall, according to the OCM, and some published reports in the New York Times and Gothamist say that won’t happen until the end of the year.
The new “smoke shops” and “convenience stores” and other vendors, like “weed trucks” that are selling cannabis have popped up to take advantage of that gap, and are in fact unlicensed, unregulated and illegal. They are selling products that have not been approved or vetted by the state.
Aaron Ghitelman, spokesperson for the OCM in Albany, told WSR that any store currently selling marijuana products is violating the law. “There are no licensed adult-use cannabis sales at this time in the State of New York and we will work with our partners across government to enforce the law.”
Yet there seems to be little enforcement. According to OCM’s own statistics, it has sent just 52 letters to offending businesses statewide. And in New York City, statistics provided by the NYPD show that in the first quarter of this year, there were no summonses for marijuana-related offenses of any kind issued in the 20th or 24th precincts.
On Friday, Mayor Adams signaled that he would not order a crackdown on these illegal shops. According to the Daily News, Adams – who is bullish on the economic benefits of the marijuana industry — told reporters that, “There needs to be a system of not heavy-handedness, but going in and explaining to that store that, ‘Listen, you can’t do this,’ give them a warning,” he said, while attending a Cannabis industry event at the Javits Center.
“IT’S A MESS”
Council Member Gale Brewer is among those who have taken notice. In fact, a new “smoke shop” is opening directly across from her office on Columbus Avenue. “I have received reports to my office that smoke shops and convenience stores, both locally and throughout the city, are selling cannabis, despite being unlicensed,” she told us in an email. “We have directed concerned constituents to contact the enforcement division directly at the Office of Cannabis Management.”
Community 7 Board Chair Steven Brown initially told us that “to the best of my knowledge, we have not received concerns outlined in this email (about the proliferation of smoke shops).” But in the video archives of the CB7 Business and Consumer Issues committee meetings in April and May, we discovered there have indeed been many concerns expressed and even more questions.
Among those voicing concerns In April’s meeting — which was also attended by representatives of the state’s Office of Cannabis Management — was Doug Kleiman, committee member and second vice chair of CB7. “I’m very frustrated that there are people in the neighborhood that have been opening stores and are calling themselves a dispensary; they are not licensed. They are selling cannabis,” Kleiman told the meeting. “I know at least three or four stores in this district that I can go in and purchase.” In May’s meeting, he followed up: “I’m now going into double-digits of establishments that are not licensed that are selling marijuana illegally in our neighborhood. It’s a mess.”
Steve Anderson, president of the UWS Coalition of Block Associations and Community Groups agrees. “Weed is on the UWS and we see no significant enforcement on retailing; it’s obvious and clear,” he told us in an interview. “We’ve said to ourselves, “What’s next?”
“TREMENDOUS ANXIETY”
Beyond these current illegal sales, some local leaders are concerned that the yet-to-be-formalized regulations for legal dispensaries won’t include input from local residents and community boards on where they will be allowed to operate.
“There’s tremendous anxiety about what seemed to be a worthy, equitable progressive move to decriminalize the personal use of marijuana,” Anderson told us. “Hopefully regulatory forces will use the rarest of commodities — common sense — to take into account the needs of the community.”
A bill sponsored by State Senator Liz Krueger that would have toughened the state’s enforcement of illegal sales passed the Senate last week, but died in the Assembly, so the issue is apparently off the table until the next legislative session.
But, Brewer says, “the NYPD and Office of Cannabis Management must take the illicit sale of cannabis seriously. It undermines the budding legal industry and faith in the community around government’s ability to effectively regulate the industry and protect communities.”
Given the Mayor’s remarks on Friday, however, it seems unlikely the city will be targeting these stores for enforcement anytime soon.
Anyone wishing to can report illegal cannibis sales to the Office of Cannabis Management at enforcement@ocm.ny.gov.
This city gets seedier by the day.
Unfortunately, YES ! Just this afternoon there were two police cars and an ambulance at Amsterdam / W. 69th, the entrance to Lincoln Towers. Seems there had been someone “staggering around and shouting nonsense”. Can’t be sure if he had been there, but there ARE two “potshops” on the increasingly disgusting area between W. 70th and W.71st and another on West End between W. 69th and W. 70th.
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A friend and I went into on of the “potshops” as you call them – the day it opened. We are both late 60s. We were the youngest ones in there.
Robin….I love your comment!
there’s also a MacDonalds!!!
I really thought Mayor Adams would be a little tougher. I mean, what happens after those shops ignore the warning that he thinks they should be given?
well…
Mayor Eric Adams on Thursday endorsed putting people convicted of drug crimes “front in line” to receive highly lucrative marijuana dispensary licenses.
https://nypost.com/2022/03/10/eric-adams-endorsed-putting-drug-convicts-in-front-for-pot-licenses/
Further,
Mayor Adams promised Friday to not take a “heavy-handed” approach toward those who sell marijuana illicitly in the city and gave New Yorkers his blessing to smoke more pot.
https://www.nydailynews.com/news/politics/new-york-elections-government/ny-nyc-mayor-eric-adams-cannabis-industry-legal-weed-cannabis-20220603-tgwkfhq765fqlmh6nf4j5pgwaa-story.html
If every corner has a shop selling weed, the dispensary licenses will not be highly lucrative.
I had high hopes for Adams.
Now, not so much.
This is what you voted for. Typical “Not In My Back Yard” mindset..
Near PS 199 – two “pot” stuff shops on the McDonald’s block ( 70th- 71st and Amsterdam) and a new “snack” LOL store on West End between 70th and 71st .
Sadly even worse on the Lower East Side and East Village.
Also important to note: these stores will pay high rent and will end up forcing out regular neighborhood shops.
Pretty soon NYC will be only nail salons, pot stores and chains.
This is what happens when the elected officials in Albany make decisions without thinking of the next steps and what it might implicate. They make these bold decisions with no plan and here we are. They just want votes, they get them (not by me) and then we are here to suffer the consequences, not them. They should have had an Office of Cannabis as soon as they legalized marijuana with a plan on how to regulate. Nope…they got their votes and called it a day.
Once again, there needs to be better elected officials, newer elected officials, with common sense (remember that?) who can look toward the future of this state and city and not their own agenda. Vote smarter!
Agreed! It seems to me this is a government lapse, and not in enforcement. You can’t say “this is legal on THIS date” and provide no further guidance on how to buy and sell it. Just weak and lazy legislating, very disappointing considering it’s an initiative that should benefit everyone involved.
Yes. I think a lot of people are just salty that these stores exist, but the real problem is making consumption legal and failing to have a licensed sales regime set up at the same time!
I’ve seen middle and high school age children leaving the shop on broadway and 92nd with huge smiles on their face.
These smoke shops need to be shutdown.
This is all about money and power. Eric Garner was killed by police in Staten Island for selling single cigarettes which is illegal in New York. Selling pot is also illegal but there is no special interest or lobby established to benefit from its sale yet. Because of this limbo period where possessing and ingesting the substance is completely legal but its sale hasn’t been “formalized,” nobody is doing anything to stop illegal sales. Such sales are not yet “hurting” the powers-that-be. Capitalism in 2022.
NYDailyNews headline: “NYC Mayor Adams vows to not be ‘heavy-handed’ on illicit weed sales: ‘Enjoy yourself, light up’ ”
I would not anticipate much enforcement.
Brewer’s hand-wringing is like discovering that sexual liaisons are taking place in a bordello.
Then again, New York is the same state that legalized marijuana sales without a legal definition for impairment.
Behold the hordes of bicyclists, scooter riders, Revel patrons, and unlicensed motorists blowing through stoplights while smoking weed.
Careful, Grandma.
Have you seen Metrobud on 106th street? They’re not even pretending to be legal and they’re ripping off the MTA MetroCard copyright if that matters. A lot of these places will go out of business once the market shakes out and the legal dispensaries open. In the meantime it looks ugly but I don’t think it’s hurting anybody.
“Anyone wishing to can report illegal cannibis sales to the Office of Cannabis Management at enforcement@ocm.ny.gov.”
Narc.
Mayor Adams attitude towards these shops and individuals selling pot in all forms possible is appalling
Great write. Very informative.
The “Canibus” has bee. permanently parked on Broadway and 109 for months – right around the corner from PS 165! What happened to drug free school zones!?
You mean the one diagonal from the liquor store? Yes. That is terrible to be so close.
No, it’s more than a block away from the liquor store which is on 107. This is parked by 3 schools, 165, Mott Hall and Ascension. And a new smoke shop opened up on Broadway between 108-109 on the west side of the street and another is set to open on the east side. This is in addition to the smoke shop on 108/ Amsterdam, So our kids pass them either way to go to and from school. I’m all for legalization but there are still School Safety Zones and if they are illegally selling then it’s ILLEGAL. Why bother having laws if nobody will uphold the law. Part of the problem is the landlords who rent out the spaces. These spots have been vacant for years and if they had a ounce of compassion for those that actually live here, they wouldn’t rent to smoke shops near schools.
When I go in to get my chocolate blueberry “sleep aids,” I always look to make sure the tin has the California tax stamp over its seal. That way I am comfortable the product has not been tampered with, and at least one state is getting the tax revenue.
“There’s tremendous anxiety about what seemed to be a worthy, equitable progressive move to decriminalize the personal use of marijuana,” Anderson told us.
Steve Anderson doesn’t seem to understand the law. It wasn’t just decriminalization – NY legalized recreational marijuana businesses.
The illegal shops in other cities were forced to shut down overnight when the legal, licensed shops opened up. The state should speed up its its process to bring licensed businesses to the city, and then crackdown on the illegal ones. It shouldn’t be taking so long – the state created this situation.
When legal marijuana businesses are finally able to operate in NYC, I have a feeling everyone quoted in this article will be just as opposed to having one anywhere in the UWS.
Agree 100%. It should not take almost 2 years to get licensed businesses up and running; that is the issue.
Bongs and hookahs are in use all over Central Park now, not to mention the smoking of joints. This despite the fact that it is illegal to smoke in all city parks. Parks are for fresh air not the smell of skunk weed. What is most troubling is all the open flames that go with the smoking. Have seen charcoal-sized roaches enflamed and lit flame candle devices. There is a very real fire risk to the Park now.
This is a real news flash! there are Cannabis buses and vans parked all over the Upper West Side. PS why redesign the website and keep the same clunky content moderation?
“Tremendous anxiety?” Really? I’m happy weed has become legal and have no objection to a store opening on my block. Legalization will help reverse the discriminatory enforcement of cannabis laws over the past 50 years. Of course there’s going to be smoking in the streets now, and a confusing time as NYC works out details of awarding seller’s licenses to those harmed by previous laws. Reform has been on the table for decades. I’m surprised by all the pushback.
Just wait, all these “pot shops” will thin out once the dust settles. Those monthly rent payments are relentless no matter how many bongs, CBD packs, or buds you sell.
The article didn’t mention that fact that Delta-8 (Hemp-derived cannabis) is actually currently not illegal to sell). Many of the edibles are Delta-8.
Yeah well , these businesses are taking advantage of the legalized recreational end of the law. I’m sure their inventory is pretty crappy quality, I would never set foot. Albany is dragging their arses on licensing for legit recreational weed. They are also letting these stores pop-up and profit without issue. Eventually, I hope Albany might get it together!?? Tax revenue is a good carrot to dangle in front of the politicos! If and when it happens these shops will get theirs, nailed for Tax Evasion like any other NY Mob Gangster. Until then enjoy the madness and suffer the children.
Which shops exactly have actual THC?
Asking for a friend who is tired of driving all the way to Stockbridge.
Calm down everyone…it’s just weed.
Well clutch my pearls. School’s. Houses of Worship. If you’re suggesting that they are SELLING to minors, that would be serious. And we wouldn’t want he Devil’s weed to waft into the church — who knows what that might lead to. Get a grip. Yes, these stores are acting illegally — for the time being. I’m not saying that’s perfectly ok but in fairly short order, they’ll be replaced with legal adult use outlets in more or less the same proximity to those schools and houses of worship. We voted for that. I, for one, support that. So why should be be incensed here? Yes, they. are temporarily doing illegally what they or others will be doing legally in fairly short order. Seems more like jumping the gun than the crime of the century.
I grew up on the upper west side and there were tons of smoke shops along Broadway. A lot more than there are now. Bongs and pipes were blatant ly out in the open and in the store front windows. And that’s when pot was very much taboo. So what?! I don’t know of anyone that grew up around this as a problem or affected them terribly. I think parents today want to overprotect their kids because they are exposed way to much on the internet!
It is far safer for users that cannabis be purchased from shops than from street dealers. The shopkeepers would be held responsible for impurity of their product. They know that and will more likely take appropriate care in choosing their product sources.
I grew up here on the upper west side and there were an abundance of smoke shop along Broadway. More so than there is today. Bongs and pipes were always showcased in storefront windows. It didn’t corrupt us kids. We are all very well adjusted at least most of us. I think what people should be more concerned about for kids is what is available on the internet rather what’s on the street.
Hahaha. Seriously, WSR? If Westsiders weren’t buying the stuff there would be no shops. It’s fine. Get a grip. This article reads like something Nancy Reagan wrote. All the pearl clutching commenters are fine with liquor stores, a much more dangerous drug. Drunks pose a lot more danger to a community than potheads. Stop sensationalizing this topic.
If we can curb the demand, there will be less stores like the ones noted in this article. Business must be good for them to pay the high rents. Competition might cause some to fold quickly.
I am concerned about their proximity to schools. Will these stores be limited in the same way as alcohol-serving/selling establishments?
And about proximity to schools. Think of what it means that those shady characters peddling dope on street corners, including by schools, are going to go the way of the Edsel. This means, regardless of where these seni-legal shops are right now, kids are a lot safer. I read the WSR often enough to know that the same people complaining about the pot shops are the same ones up in arms about street dealers. Hey, problem solved. And if kids were buying from those dealers, and seriously some were, at least now they are getting it from a place that isn’t going to lace it with God knows what.
Open secret? Drug dealing truck just sits at 96 and Broadway hawking it’s menu in giant neon. What a joke.
When I see middle school children, age 12 and 13 going into the stores and buying pot, I am just incredibly disappointed in the politicians. There is no consideration whatsoever for the children who live in this neighborhood.
This is such a well researched, and well written story.
Typical reaction of Mayor Gonna-do.Talk to them like we are going to do with the gun thugs. That’s going real well.