Hopefully, everyone that is reading this, whether you’re anti-weed, pro-weed, sober or California sober, had a good and especially safe 4/20. Safety around New York’s marijuana market has been a major problem. Ever since New York legalized recreational cannabis, the state has grappled with an unintended consequence: a surge of illegal smoke shops, which, in my view, is a direct consequence of New York’s irresponsible lack of regulation of the state’s cannabis market from the get-go of legalization. According to the New York City Council, “It is estimated that New York City is home to approximately 8,000 illegal, unlicensed smoke shops. Consequently, sales by illicit stores undermine the licensed recreational marijuana market, depriving New Yorkers of the tax revenues and community reinvestment funds generated from the 13% tax on legal sales.”
Anyone who’s been in the city of New York in the last few years will notice the absurd abundance of smoke shops that overwhelm communities in NYC more than overpriced coffee shops do. These unauthorized outlets now overshadow legitimate dispensaries, undermining the legalization’s expressed objectives of social equity, economic growth and criminalization reduction, things that all require taxes from legal weed sales. The situation in New York starkly contrasts with “progressive” state of California and its more successful regulatory approach, which supports legal cannabis businesses to stay competitive while regulated, effectively curbing illegal and “gray market” operations. As New York struggles to enforce its cannabis laws, there’s growing support for the SMOKEOUT Act, aiming to empower local authorities to shut down these illicit enterprises. “The governor has said she wants to give local governments the power to padlock illegal shops,” which gives us an indication from the N.Y. state government about just how far this issue has gone unaddressed.
New York’s journey into recreational cannabis legalization has been marred by the rampant proliferation of illegal smoke shops. These unauthorized vendors significantly outnumber the legally sanctioned dispensaries, creating a parallel market devoid of regulatory oversight and quality control. This lack of regulation not only poses public health risks due to potentially unsafe products but also stifles the growth of legitimate cannabis businesses that comply with state regulations.
Unlike California, where strict regulatory frameworks ensure that cannabis products meet safety standards through rigorous testing and quality assurance, New York’s illegal shops operate with impunity. The state’s failure to effectively enforce cannabis laws has allowed these shops to flourish. Residents express concerns, with one unnamed person noting to CBS, “It’s just everywhere, and unfortunately, I think they’re not taking into consideration the children,” which highlights the community’s unease with the unchecked spread of these outlets, with no security requiring IDs to enter these smoke shops or dispensaries, unlike the state of California where all “dispensaries shall provide one or more security guards duly licensed by the State of California, Department of Consumer Affairs during business hours.”
Assemblymember Jenifer Rajkumar’s words resonate with the situation’s urgency: “We’re going to smoke ’em all out and close down all of these illegal smoke shops once and for all.” This statement underscores the growing calls for legislative action to empower local authorities to clamp down on these establishments, aligning more closely with states like California that have successfully managed to curb illegal cannabis operations.
In response to the unchecked proliferation of illegal smoke shops in New York, lawmakers are rallying behind the SMOKEOUT Act, a legislative measure that gives local authorities the necessary power to address this issue effectively. The act, championed by Rajkumar, is designed to empower NYC to autonomously shut down these illegal establishments currently under state jurisdiction only. Rajkumar emphasized, “The SMOKEOUT Act will give New York City the power to close down these illegal smoke shops. Currently, only the state of New York has the power to do that.” This legislative move is crucial for restoring the integrity of New York’s cannabis market by enabling swift and decisive action against non-compliant operators, thereby aligning New York’s cannabis enforcement more closely with successful models like California’s. The support for the SMOKEOUT Act reflects a widespread desire among officials and citizens alike for a safer, more regulated cannabis industry that benefits legal businesses and consumers alike.
The stark contrast between New York and California’s cannabis regulation highlights the challenges and potential solutions in managing legalized cannabis. California, a pioneer and early starter compared to New York in cannabis legalization, has developed a comprehensive regulatory framework that effectively supports legal dispensaries and curtails illegal operations. This system ensures that all cannabis products meet strict safety and quality standards through rigorous testing and quality assurance, making California a model for successful cannabis market regulation, with the state even suing a California marijuana company after its weed wasn’t getting customers high enough.
New York’s approach has been less effective and harmful to almost all parties involved. Stoners want higher quality products, honest legal dispensaries want to remain competitive in the current market and anti-drug advocates want to make these products safer and less accessible to children. New York’s failure to implement a robust regulatory system has allowed illegal smoke shops not only to flourish, but become the market staple in the state, overshadowing all the legal dispensaries that comply with state and sell products regulated by the Office of Cannabis Management. These illegal smoke shops operate without the necessary health and safety checks, posing clear risks to consumers and undermining public trust in New York’s legal cannabis market.
By adopting a regulatory stance similar to California and many other far more regulated “legal recreational cannabis states,” New York could better support its own legal cannabis market, enhance public safety, and ensure the economic benefits of legalization are realized across the state without an unregulated and uncaring free market, making the issue worse for everyone.
As New York grapples with the challenges of its cannabis legalization, the SMOKEOUT Act represents a pivotal step towards aligning the state with more successful regulatory models like California’s. This legislation is crucial for empowering local authorities to manage and regulate the cannabis market effectively, ensuring that it operates safely, transparently and beneficially for all stakeholders involved. The future of New York’s cannabis industry hinges on the successful implementation of such measures. By learning from California’s approach and adapting these lessons to its unique context, New York can transform its cannabis landscape into one that genuinely serves its communities’ economic and social interests.
Andrew McDonald, FCRH’26, is a history and political science double major from Sacramento, Calif.
