Overview
On March 31, 2021, the Marijuana Regulation & Taxation Act (MRTA) was signed into law, legalizing cannabis in New York State. With the mission of creating a regulatory framework that supports equitable licensing, economic development and public health and safety, the Enforcement Division plays a critical role in making sure the rules apply to everybody. The current enforcement efforts protect the integrity and investment of entrepreneurs in the legal market, while holding accountable individuals selling illegal, untested and unsafe products to communities across the state.
Governor Kathy Hochul recently unveiled the strongest set of policies enacted thus far to tackle the illicit cannabis marketplace as part of the FY25 Budget. This initiative provides the Office of Cannabis Management and local counties and cities with enhanced authority to act against illicit cannabis storefronts and those who enable them.
What is legal vs illegal?
- It is legal for adults 21 and over to consume cannabis in a private home or in most places tobacco can be consumed. Cannabis cannot be consumed in motor vehicles, hookah/cigar bars, businesses, restaurants (including patios), federal property (including public housing), and most public and state parks as well as beaches.
- It is legal for adults 21 and over to possess up to 3 ounces of cannabis and 24 grams of cannabis concentrate (edibles, oil).
- It is legal for certified patients (or their designated caregiver 21+) who are registered with the medical cannabis program to cultivate medical cannabis at home.
- It is illegal to sell cannabis products without a license approved by the Office.
- It is illegal to sell cannabis products in New York State that has not been grown, manufactured, and tested in the State.
- It is illegal to remove a padlock from an illicit cannabis storefront.
- It is illegal to allow tenants to sell cannabis products in a storefront not licensed by OCM.
- It is illegal to cross state lines with cannabis, including medical cannabis.
- It is illegal to sell or offer to sell adult-use cannabis products to anybody under 21 years of age.It is illegal to trade, barter, or “gift” cannabis to someone in exchange for something else. This includes “gifting” cannabis while selling something else (like a t-shirt or a sticker).
- It is illegal to drive under the influence of cannabis. Cannabis consumption can slow motor coordination and other skills needed to drive safely. It is also illegal for passengers to consume cannabis in a vehicle. If you drive under the influence of cannabis, you can be charged with a DUI.
- It is illegal to grow or smoke cannabis in any federally funded or recognized public housing facility. Growing cannabis, even for medical purposes, in public housing could result in your loss of housing support.
Since May 2023
727 Total Incident Report Inspections
17,761 lbs of Unlicensed Cannabis Products Seized
(Estimated at a Value of $82,539,266)
Law Enforcement Authority
Collaboration with law enforcement across New York is essential to expediting the closure of illicit cannabis shops, ensuring compliance with state laws, and fostering a safe environment for consumers and businesses alike.
Local government for county and city governments can adopt their own laws related to regulating unlicensed cannabis businesses, including padlocking, emergency padlocking, OTS, and seizure powers, so long as the law meets the following requirements:
- Ensure consistent enforcement and procedures to conduct inspections, hearings, and padlocking businesses that mirror OCM’s
- Designate a point of contact to coordinate with OCM to report on enforcement activities
- Require hearings in City or County courts within 3 days of emergency padlocking and a court decision within 4 days after the hearing, for locations that were padlocked at first inspection due to imminent threat to health and safety
County and city governments can initiate emergency proceedings with orders to cease illicit activity against both businesses and landlords using Section 16-a of the Cannabis Law, upon 10 days’ notice to OCM, with the option to collect penalties in those proceedings.
Additional Authority to Consider:
For property owners who have received notice of illicit cannabis sales on their premises (Real Property Actions and Proceedings Law § 715-a):
- Step 1: First notice to landlord from law enforcement agency will include:
- A written notice of illegal unlicensed cannabis sales, including products marketed or labeled as such at a commercial location that is leased by the landlord.
- Implementation of RPAPL 715-a(1) requiring landlord to file a temporary petition against the lessee/tenant within five business days of service.
- Contact information provided to obtain further supporting evidence. Under RPAPL § 715-a(2)(b) the property owner must also provide a copy of the executed lease with their tenant in addition to their “sufficient proof” that the unlicensed activity has stopped at the premises. “Sufficient proof” includes a sworn statement by a local law enforcement/ governmental entity that the unlicensed activity has stopped at the premises.
- A written notice of illegal unlicensed cannabis sales, including products marketed or labeled as such at a commercial location that is leased by the landlord.
- Step 2: Second notice to an uncooperative landlord
- After a written notice that due to failure to initiate removal proceedings or proceed in good faith, law enforcement agency will proceed as the petitioner in removal proceeding against the unlicensed business and against the landlord for penalties pursuant to RPAPL 715-a(1) and (2).
Padlocking Illicit Cannabis Storefronts
Emergency Padlocking
The Office of Cannabis Management (OCM) can padlock a business immediately following an inspection if they are selling illicit cannabis in a manner that poses an imminent threat to health, safety, and welfare Note: Upon the OCM’s request, any police officer/ peace officer with jurisdiction may assist with the execution of the padlock order. Cities and County governments may initiate their own padlocking programs provided they pass a local law that complies with New York’s padlocking statute and notify OCM.
Reasons for emergency padlocking upon first inspection include:
- Documented sale to minors
- Products not tested or labeled according to New York Cannabis Law
- Unlicensed processing of cannabis products at the building or premises
- Violent conduct
- Presence of unlawful firearms at the building or premises
- Proximity to schools, houses of worship, or public youth facilities
- Products leading to Illness or hospitalization
In addition to an “imminent threat” standard, OCM must consider these circumstances for emergency padlocking:
- No part of the premises is being used as a residence; and
- Pursuant to local law or ordinance, the location is not zoned and lawfully occupied as a residence; and
- The unlicensed activity is more than a de minimis part of the business activity on the building/premises
Timeline
The emergency padlock will be in effect for one year. Removing or damaging a padlock is a Class A misdemeanor obstructing governmental administration.
Illicit Cannabis Enforcement Task Force
What is the Governor’s Illicit Cannabis Enforcement Task Force?
The New York State Illicit Cannabis Enforcement Task Force (ICET) is a coordinated, state-wide inter-agency effort launched to shut down illegal and illicit cannabis businesses that threaten public health and safety; the social and economic equity efforts of OCM; and the sustainability of the licensed cannabis market. The following stakeholders are engaged in the effort and are working alongside our partners in local law enforcement and city and county government statewide.
The following stakeholders will be engaged in the effort:
| New York State Police | Department of Corrections and Community Supervision |
| Department of Taxation and Finance | Department of Environmental Conservation |
| State Liquor Authority | Department of Financial Services |
| Department of Agriculture and Markets | Division of Homeland Security and Emergency Services |
| Department of State | Thruway Authority |
| Department of Health | Office of General Services |
| Department of Labor | Office of Information Technology Services |
| Department of Motor Vehicles | Workers Compensation Board |
The Task Force Objectives include:
- Closing the doors of brick-and-mortar illicit cannabis operations through a sustained, coordinated effort
- Preventing the sale of illicit cannabis to underage buyers (under 21)
- Capturing lost revenue and ensuring illicit operators and the landlords who lease to them are held accountable for the negative impacts of their violation of State law
- Protecting New Yorkers from the risk of consuming illicit cannabis products
Unregulated Products
What are the Risks of Buying Unregulated Products?
When you buy unregulated products from illicit shops, you don’t know what you’re getting. Unregulated products purchased online and from unlicensed stores are a safety risk as they have not been tested for contaminants, processing methods are unknown, and the label could say one thing and the contents may be something entirely different.
Additionally, they can be attractive to children or minors under 21. Not only is it illegal for anyone under 21 to purchase or consume adult-use cannabis, it can be dangerous to their health, sometimes requiring a visit to the emergency department or even a hospital stay. Below are examples of unregulated cannabis products collected during OCM’s enforcement seizures.
This is NOT #NYcannabis.
All cannabis product packaging should clearly display:
- A list of ingredients
- An expiration date
- Amount of THC and CBD in the product
- Processor’s lot number
All regulated products will have a QR code or link to that product’s lab testing results called a Certificate of Analysis (CoA). All cannabis products must pass lab testing before being sold at licensed adult-use or medical dispensaries. Lab testing ensures cannabis products available are safer to consume and are accurately labeled with potency.
Reporting an Incident
To make sure you are protecting your community from illicit cannabis sales and unregulated products:
Report any issues with a cannabis business, cannabis product, and adverse events at the link below. All incident reports of potential illicit shops are investigated by the Office’s Enforcement Division. Here’s what you need to know:
- An adult-use cannabis product’s packaging and labeling cannot be attractive to individuals under 21 and cannot make statements that are false or can mislead consumers. Check adult-use PLMA regulations or discover PLMA overview videos for more information.
- Legal shops will always feature the NYS Dispensary Verification Tool in the storefront and will link to the OCM dispensary verification list.
- For any questions about enforcement or an incident report, email [email protected].