About 40 percent of cannabis products purchased from 20 illicit stores in New York City were found to contain harmful contaminants such as E. coli, lead, and salmonella, according to a report commissioned by the New York Medical Cannabis Industry Association. One of the products purchased also included double the amount of advertised THC, the psychoactive ingredient in marijuana.
“Allowing these unregulated, illicit operations to continue operating with impunity will only exacerbate an already alarming public health trend, especially among teens and young adults who either are unaware of or choose to ignore the health risks,” the study read. “Sellers providing illicit and potentially dangerous products, which are easily and readily available in the gray market, risk consumer safety and threaten public confidence in the adult-use industry before it even begins.”
Unregulated Cannabis Poses a Threat to Users
The Marijuana Regulation and Taxation Act (MRTA) legalized adult-use cannabis in March 2021, and the state of New York is in the final stages of crafting the regulations that dictate adult-use cannabis sales. Currently, the sale and purchase of legal, regulated, and tested cannabis products can only occur at the 38 licensed medical cannabis dispensaries participating in the state’s medical cannabis program. Even though New York state regulators awarded 36 dispensary licenses on November 21, as long as the state keeps taking their time with the legalization process, the black market will continue to boom, getting shoppers stuck in a rut with unregulated and contaminated cannabis products.
According to the medical study, all of the items tested also failed the state’s proposed branding regulations, with many including images of copyrighted food brands — such as Rice Krispies treats — that could be mistakenly confused with the real product, posing a particular threat to children.
More worryingly, these illicit operations and their products represent a significant public health danger. From 2019-2020, more than 2,000 individuals were hospitalized, and 60 people died due to illness caused by vaping-associated lung injury (EVALI), a phenomenon that was largely linked back to additives in illicit THC vapes like those currently sold in these illegally operating shops, according to the report.
Cracking Down on Illicit Operations
New York, among other states, has issued dozens of cease-and-desist letters and removed cannabis trucks from the streets to address this problem. However, there is still more decisive action needed to support a safe and successful statewide legal cannabis program.
According to the New York Times, the Mayor’s office is resistant to actively pursuing the enforcement of legalization laws, citing the ghost of the war on drugs as a deterrent for involving law enforcement. Adams said in a press conference that “A police officer can’t just walk in and conduct an apprehension, or an arrest, or confiscate the item,” as the NYPD told the Times that “in its view, the legalization law does not give officers the authority to make seizures or arrests when they see cannabis displayed, or to shut down unlicensed shops.”
The cannabis black market can and will continue to disrupt licensed dispensaries and local governments nationwide. It is crucial for lawmakers in legalized states to crack down on illicit operations and make legal cannabis purchases as easy and seamless as possible for users. These bad actors present a clear danger that could undermine both the budding industry and the health of consumers everywhere.