The New York City Cannabis Board has declared marijuana gifting illegal on the basis of those who are receiving a gift being able to be charged with possession of an amount equal to or greater than
the intended recipient’s personal use. This is due in part because they’re prohibited from giving cannabis without first obtaining a prescription. The board believes that this creates an incentive for people who don’t really need it, and will result in less safety measures taken towards preventing the opioid epidemic.,
Businesses Should Pay Attention To The Warnings, According To An Attorney
New York cannabis officials are still working out which regulations and standards are required to make this complicated program run correctly seven months after former Governor Andrew Cuomo signed recreational marijuana into law. (This article was first published on Benzinga by Nina Zdinjak.)
According to WSKG, the Cannabis Control Board has declared marijuana gifting to be unlawful.
Tremaine Wright, a former state Assemblymember who now runs the state’s cannabis industry’s regulatory agency, spoke on the growing popularity of cannabis gifting.
“In New York State, there is no gray market,” Wright stated. “This behavior is illegal and must be stopped.” Individuals who refuse to stop face significant financial repercussions.”
Wright, on the other hand, did not give any more information on the punishments, despite the fact that she said that marijuana obtained from unauthorized and unregulated sources is not tested or certified to be safe.
HempSol CBD Gets Things Started
HempSol CBD, located in Rochester, made news in September after giving away one eighth of an ounce of cannabis with the purchase of a $65 T-shirt. The store owner claimed at the time that the promotional “gift” was legal under the state’s adult-use cannabis legislation, which permits people to present up to three ounces of marijuana to each other.
Others seemed to be inspired by HempSol’s notion, with cannabis “gifting” becoming increasingly popular. Meanwhile, Jim Mackenzie, the owner of HempSol CBD, has stated that he is seeking legal advice and has declined to comment on the subject.
Consumer Protection is a top priority.
For a long time, Jason Klimek, who co-leads legal firm Barclay Damon’s cannabis practice, had his qualms about promotional pot giving. According to him, the latest words from the state’s Cannabis Control Board’s chairman should be adequate to clear up any ambiguity about what is and is not allowed.
Klimek went on to say that this was to be anticipated, given the state’s legal obligation to prioritize consumer safety. He brought up the 2019 vaping catastrophe, in which 68 individuals died as a result of utilizing THC vape cartridges laced with vitamin E acetate.
The attorney went on to say that now that the cannabis board has taken a firm stand on the issue, law enforcement is more likely to take action against cannabis gifting.
“Perhaps law enforcement will participate at this point, and if they do, they will likely go after a larger operator to make an example,” Klimek added.
Klimek concluded by advising any firms engaging in promotional cannabis gifts to halt.