What Is Marijuana Gifting And Why Is Everyone Talking About It?

Several states have banned marijuana “gifting,” but what exactly is marijuana gifting and why is everyone talking about it?

Marijuana gifting refers to the practice of including a free marijuana “gift” with the purchase of another item, such as a video or a t-shirt. It’s a loophole that many small businesses exploit.

Marijuana dispensaries and vendors have had to get creative with their businesses. While waiting for legal cannabis to take effect, the process is slow and tedious, and falls short of the expectations and needs of the growing cannabis market.

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RELATED: New York Cannabis Board rules giving away marijuana illegal

Marijuana gift giving has made cannabis much more available across the states, with these types of sales replacing black market operations and being conducted in stores and pop-ups. The fact that most states trying to develop a marijuana industry are also working to decriminalize it makes the process easier and gives marijuana sellers a sense of security as they go about their business. While they could be prosecuted by lawmakers, those responsible must be careful about how they handle these situations and do their best to avoid sending mixed signals to the public.

Recently, states have begun cracking down on these issues. In the case of Connecticut, where weed is legal but dispensaries don’t exist, penalties include up to a year in prison and a $10,000 fine. This decision was introduced in a bill and opposed by marijuana advocates who argued that giving marijuana as a gift was the only way to obtain the product semi-legally.

“It’s important to be able to give cannabis gifts because not everyone has the financial stability they need to participate in the medical program,” said Christine Capitan of advocacy group CT Canna Warriors.

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“Passing legislation criminalizing the sale of this herbal medicine to our family members, friends, or even complete strangers is unethical, inscrutable, borderline shameful,” said Duncan Markovich, a local cannabis vendor.

In February, New York allegedly sent cease and desist letters to retailers who engaged in these practices. According to The Gothamist, the state’s Office of Cannabis Management (OCM) refused to acknowledge whether or not these letters were sent. “Based on this search, OCM does not confirm or deny the existence of any letter it sent to any company,” said Rashied McDuffie, the bureau’s assistant general counsel, adding confusion.

RELATED: Ban on gift giving of cannabis draws criticism from Connecticut residents

While New York’s OCM may have reasons for hiding its letters, they incite fear and deter people who might be interested in meddling in the business. While some marijuana vendors are likely to step down from selling their products, others will go ahead and gain a head start by making a name for themselves in the local cannabis scene.