The New York Cannabis Board makes it illegal to give away marijuana

By Nina Zdinjak

About seven months after former Governor Andrew Cuomo signed the Recreational Marijuana Act, New York cannabis regulators are still debating what rules and guidelines are needed to make this complex program work properly.

Just last week the Cannabis Control Board made it illegal to give away marijuana, writes WSKG.

Tremaine Wright, former member of parliament who heads the regulator for the state cannabis industry, addressed the increasingly popular cannabis gifting activities. “There is no gray market in New York State,” he said. “This behavior is not legal and has to stop. If you don’t stop, you risk heavy fines. “

Photo by Jamie Grill / Getty Images

Wright did not provide details on the penalties, however, but stated that marijuana from unlicensed and unregulated sources has not been tested or confirmed to be safe.

HempSol CBD gets the ball rolling

In September, Rochester-based HempSol CBD hit the headlines when it gave away an eighth ounce of cannabis with the purchase of a $ 65 T-shirt. At the time, the store owner said the promotional “gift” was legal under the state adult cannabis law, which allows adults to give each other up to three ounces of marijuana.

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The HempSol idea seemed to have inspired others to do the same, with cannabis becoming more and more “given”. Meanwhile, Jim Mackenzie, HempSol CBD owner, announced that he was seeking legal assistance and refused to comment on the situation.

Consumer safety as a top priority

Jason Klimek, co-head of the cannabis team at law firm Barclay Damon, said he has had doubts about the idea of ​​giving away cannabis for some time. According to him, the new remarks by the head of the state cannabis control committee should be enough to clear up any confusion about what is legal and what is not.

RELATED: Medical Flower Now Allowed in New York

Klimek added that this was to be expected as the state has an obligation to put consumer safety first. He recalled the 2019 vaping crisis when 68 people died after using THC vape cartridges that contained vitamin E acetate.

Photo by Dmitry_Tishchenko / Getty Images

The attorney added that law enforcement agencies are more likely to act on cannabis gifts after the cannabis board issued a clear position.

“Perhaps law enforcement agencies are more likely to get active at this point, and if they did they would likely seek some sort of bigger operator to set an example,” Klimek said.

In the end, Klimek advised all companies that practice giveaways for cannabis to stop.

This article originally appeared on Benzinga and was republished with permission.