New York City officials announced this week that they would take new steps to address the city’s growing number of unlicensed cannabis retailers in a bid to bolster the rollout of the regulated market for recreational marijuana. At a press conference in Manhattan on Tuesday, New York City Mayor Eric Adams and Manhattan District Attorney Alvin L. Bragg, Jr. said they would also target the landlords of retailers selling weed without a license from the state.

New York’s mayor and leading prosecutor noted that the district attorney’s office had filed complaints against four unlicensed shops selling cannabis in Manhattan. The complaints allege that an NYPD officer had observed the shops selling cannabis to underage individuals and that the city is moving to shut down the shops for making illegal sales of cannabis and operating without a license.

“Legalizing cannabis was a major step forward for equity and justice — but we’re not going to take two steps back by letting illegal smoke shops take over this emerging market,” Adams said in a statement from the mayor’s office. “Today, we are proud to announce we are taking direct action against four unlicensed smoke shops in the Ninth Precinct, which will complement our efforts with District Attorney Bragg to hold these illegal businesses accountable. We are laser-focused on protecting the health and well-being of New Yorkers and ensuring this emerging industry delivers equity to those who deserve it the most.”

Last month, city leaders pledged to take action against the multitude of illicit marijuana retailers that have set up shop in New York City since the state legalized marijuana for adults last year. In December, New York City Mayor Eric Adams launched a pilot interagency task force to address the growing number of unlicensed retailers. The task force, which includes the Sheriff’s Office, the NYPD, the Department of Consumer and Worker Protection, and the Office of Cannabis Management, has identified at least 1,200 unlicensed marijuana shops in the city. An analysis by city council staff revealed 11 unlicensed shops selling cannabis within a 10-block radius of the city’s first licensed retailer.

Warnings Sent To 400 Smoke Shops

In addition to the four complaints against unlicensed shops, Adams and Bragg said that the district attorney’s office had sent letters to the more than 400 smoke shops in Manhattan, warning them that the city could initiate eviction proceedings for unlawful cannabis sales. The letter specifically informs commercial entities that the city is prepared to use its authority under New York real estate law “to require owners and landlords to commence eviction proceedings of commercial tenants who are engaged in illegal trade or business, and to take over such eviction proceedings if necessary.” The letter also noted that within five days of written notice that prosecutors would “take over such eviction.”

“For nearly two years, we’ve seen a proliferation of storefronts across Manhattan selling unlicensed, unregulated, and untaxed cannabis products. It’s time for the operation of unlicensed cannabis dispensaries to end,” said Bragg. “Just as we don’t allow endless unlicensed bars and liquor stores to open on every corner, we cannot allow that for cannabis. It’s not safe to sell products that aren’t properly inspected and regulated for dosage, purity, and contaminants. And it certainly isn’t fair to competing businesses.”

Mark Sims, the CEO of cannabis investment firm RIV Capital, said in an email that the proliferation of unlicensed businesses hurts both the newly licensed adult-use cannabis retailers and existing medical marijuana firms including Etain Health, a chain of New York medical marijuana dispensaries operated by RIV, and called for more action from the state.

“While we commend Mayor Adams’ actions to combat the illicit market—it’s a positive step forward—the problem of illicit smoke shops cannot be viewed or solved in isolation,” Sims wrote in an email. “With more than 1,200 illicit shops (which is double the number of Starbucks in New York) suspected to be trafficking in illicit cannabis products, products that have been shown to be unsafe for human health, a more holistic approach must be taken to successfully combat the steady flow of illicit market product.”

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Democratic and Republican lawmakers in New Hampshire are gearing up for another effort to legalize marijuana, but the state’s governor doesn’t think they will succeed.

The latest cannabis bill being floated in the New Hampshire legislature has support from members of both parties, and the proposal was considered at a hearing in the state House Commerce Committee on Wednesday, according to New Hampshire Public Radio. 

Republicans have control over the New Hampshire state government, holding majorities in both the state Senate and state House of Representatives. 

The state’s governor, Chris Sununu, is also a Republican. 

As was the case last year, when another marijuana legalization was considered, the proposal has exposed a divide within the New Hampshire GOP. 

While the House of Representatives has “repeatedly backed plans to legalize cannabis,” according to New Hampshire Public Radio, the Republican-led state Senate has not been on board. 

Sununu, meanwhile, represents another obstacle to the bill. 

“I’ve always said now’s not the time. Every state does it very different. I’ve always wanted to see what works and what doesn’t,” Sununu said in a gubernatorial debate last year. “There may be a way to do it but given that we are facing an opioid crisis, given that we still don’t know what works with other states, it could be inevitable, I get it, but you got to be patient about how you do it and the steps that are best for New Hampshire.”

On Wednesday, Sununu’s office was dismissive of the latest legalization’s bill’s prospects.

“It’s failed in the Senate repeatedly, in both Republican-held years and Democrat-held years,” the governor’s office said, as quoted by New Hampshire Public Radio. “With teen drug use and overdoses on the rise, it is not anticipated that the legislature will see this as a time to ignore the data and move it forward.”

Sununu has backed other cannabis-related reforms, however. 

According to the Associated Press, “Sununu signed legislation decriminalizing small amounts of marijuana, expanding access to medical marijuana and creating a system for annulling old convictions for marijuana possession,” but “a bill to legalize recreational use has never reached his desk.”

“Governor Sununu has done more on the issues surrounding marijuana reform than any other governor in New Hampshire history,” Sununu spokesperson Ben Vihstadt told the AP.

The legislation was announced last month by two of the senior members of the state House of Representatives: House Majority Leader Jason Osborne and House Democratic Leader Matt Wilhelm.

“The House has long stood united in finding a pathway to getting this done for Granite Staters,” Osborne said at the time. “With any luck, the Senate will come around to supporting the will of the vast majority of New Hampshire citizens.”

On Wednesday, Osborne stumped for the bill before the House Commerce Committee.

“What you are looking at is a result of a number of months of work by an entire coalition of groups and advocates, everything from the business side to the consumer side, the civil rights side to the economic liberty side, as well as the recovery community and people concerned about child safety,” Osborne said at the hearing, as quoted by the Associated Press. “It’s about time we get something done.”

The Associated Press reports that “a coalition that includes both the ACLU of New Hampshire and the conservative group Americans for Prosperity is backing a bipartisan bill to legalize the drug, regulate and tax retail operations and allow it to be grown at home,” and that most of the revenue generated from marijuana sales “would go toward reducing the state’s pension liability, with some going to substance abuse prevention programs and other groups.”

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City and county officials in upstate New York are at odds over the implementation of rules governing the sale and cultivation of marijuana in the community. 

The dispute is between the Niagara Falls City Council and members of the Niagara County Planning Board, and it centers around how the community will enforce the sale of recreational marijuana, which was legalized by the state of New York in 2021. 

The Niagara Gazette reports: “The Niagara County Planning Board unanimously decided to disapprove a zoning text amendment the Niagara Falls City Council approved a month ago, which allows for the cultivation, production and sale of recreational cannabis within the city. Despite this decision, the members knew their actions would have little effect on the city’s implementation. The county board members’ objections ranged from not being specific on locations to the city seeing little financial benefit from having these businesses operate in the Falls.”

Under the ordinance that was approved by the Niagara Falls City Council last month, “cannabis dispensaries engaging in sales only can operate between 8 a.m. and 2 a.m., those that allow on-site consumption may operate from 8 a.m. to 4 a.m., and may not operate more than 70 hours a week,” and retail “dispensaries may not be located within 500 feet of a community facility while consumption dispensaries may not be within 200 feet of a house of worship, 500 feet of a school or ‘community facility,’ and 1,000 feet of similar operations,” according to the Niagara Gazette.

New York’s Office of Cannabis Management issued 36 recreational marijuana dispensary licenses to various businesses and nonprofits in the state in November, but so far, only two retailers––both located in Manhattan––have opened to customers.

The Office of Cannabis Management says that cities, towns, and villages could have opted out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses from operating within their jurisdictions, but those municipalities needed to “pass a local law by December 31, 2021 or nine months after the effective date of the legislation.”

The agency explains: “If a municipality does not opt-out by December 31, 2021, the municipality will be unable to opt-out at a future date. However, a municipality may opt back in, to allow either, or both, adult-use retail dispensary or on-site consumption license types by repealing the local law which established the prohibition. All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum as outlined in section twenty-four of the Municipal Home Rule Law. This creates a process allowing voters of the municipality to petition the outcome of a local law, which if successful, will trigger the question of whether or not to approve the local law, to be placed on the ballot at the next general election of state or local government officials for the municipality.” 

No municipality can “opt-out of adult-use legalization,” according to the Office of Cannabis Management.

According to the Niagara Gazette, Kevin Forma, the city planning director of Niagara Falls, “said the directions that all municipalities received from the state are similar to liquor ordinances and the requirements for having a bar,” and that the “state was also restrictive in what the city can do for allowing and disallowing uses.”

“The state is telling us that we cannot restrict this,” Forma said during the planner’s meeting on Monday, as quoted by the Gazette. “We’re developing this to the best of our ability, managing this in conjunction with the state rules and regulations.”

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Democratic lawmakers in Delaware last week performed what has become an annual legislative ritual by introducing measures that would legalize recreational marijuana.

And, as per recent tradition, their biggest obstacle remains the most senior member of their own state party. 

The Delaware News Journal reports that members of the state House of Representatives introduced a pair of bills on Friday “to legalize and create a recreational marijuana industry in Delaware, setting up a likely fight within the Democratic Party this legislative session.” 

The anticipated intra-party feud centers around Democratic Gov. John Carney, who has long been opposed to marijuana legalization and has stymied efforts by Democrats in the legislature to end the prohibition on pot. 

Last year, Carney vetoed a bill that would have legalized recreational pot in the state. 

Despite holding a majority in each chamber of the state General Assembly, Democratic lawmakers were unable to override Carney’s veto.

“[The legalization bill] would, among other things, remove all penalties for possession by a person 21 years of age or older of one ounce or less of marijuana and ensure that there are no criminal or civil penalties for transfers without remuneration of one ounce or less of marijuana between persons who are 21 years of age or older,” Carney said in a statement following his veto.

“I recognize the positive effect marijuana can have for people with certain health conditions, and for that reason, I continue to support the medical marijuana industry in Delaware,” he continued. “I supported decriminalization of marijuana because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana—and today, thanks to Delaware’s decriminalization law, they are not.”

“That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people,” Carney added. “Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

Democrats who are backing the two bills introduced in the state House last week are hopeful that Carney will eventually come around.

“My hope is that with continued open dialogue with the governor’s office, that will help alleviate a veto,” Democratic state House Rep. Ed Osienski, one of the sponsors of the legislation, told the Delaware News Journal. “I have more support from my members … for a veto override, but I’m hoping it doesn’t come to that.”

According to the outlet, a “Carney spokeswoman said Friday that the governor’s views on marijuana have not changed.”

According to the Delaware News Journal, the bill dedicated to removing all penalties for possession would “require a simple majority or 21 votes.”

The other bill “would create a framework to regulate the growth, sale and possession of weed,” essentially treating pot like alcohol, and would require “a three-fifths vote because it deals with revenue and taxation,” the Delaware News Journal reports.

The measures also include social equity provisions aimed at enhancing opportunities in the new marijuana industry to individuals from communities who have been historically targeted by anti-drug policies.

The News Journal has more details on the two proposals:

“Delawareans would buy marijuana from a licensed retail marijuana store. The bill would allow for up to 30 retail licenses to be distributed within 16 months of the legislation going into effect. The process will be competitive, with prospective retailers being rewarded for providing good salaries and benefits and hiring a diverse workforce.”

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