On March 31, 2021, the Marijuana Regulation & Taxation Act (MRTA) was signed into law, legalizing cannabis in New York State. With the mission of creating a regulatory framework that supports equitable licensing, economic development and public health and safety, the Enforcement Division plays a critical role in making sure the rules apply to everybody. The current enforcement efforts protect the integrity and investment of entrepreneurs in the legal market, while holding accountable individuals selling illegal, untested and unsafe products to communities across the state.
Governor Kathy Hochul recently unveiled the strongest set of policies enacted thus far to tackle the illicit cannabis marketplace as part of the FY25 Budget. This initiative provides the Office of Cannabis Management and local counties and cities with enhanced authority to act against illicit cannabis storefronts and those who enable them.
Collaboration with law enforcement across New York is essential to expediting the closure of illicit cannabis shops, ensuring compliance with state laws, and fostering a safe environment for consumers and businesses alike.
Local government for county and city governments can adopt their own laws related to regulating unlicensed cannabis businesses, including padlocking, emergency padlocking, OTS, and seizure powers, so long as the law meets the following requirements:
County and city governments can initiate emergency proceedings with orders to cease illicit activity against both businesses and landlords using Section 16-a of the Cannabis Law, upon 10 days’ notice to OCM, with the option to collect penalties in those proceedings.
For property owners who have received notice of illicit cannabis sales on their premises (Real Property Actions and Proceedings Law § 715-a):
The Office of Cannabis Management (OCM) can padlock a business immediately following an inspection if they are selling illicit cannabis in a manner that poses an imminent threat to health, safety, and welfare Note: Upon the OCM’s request, any police officer/ peace officer with jurisdiction may assist with the execution of the padlock order. Cities and County governments may initiate their own padlocking programs provided they pass a local law that complies with New York’s padlocking statute and notify OCM.
Reasons for emergency padlocking upon first inspection include:
In addition to an “imminent threat” standard, OCM must consider these circumstances for emergency padlocking:
The emergency padlock will be in effect for one year. Removing or damaging a padlock is a Class A misdemeanor obstructing governmental administration.
Respondent must submit notice to the OCM with sufficient evidence by an affidavit or other proof that the unlicensed business has vacated the property or that the activity has been permanently abated. OCM is authorized to immediately padlock a business following a reinspection if the unlicensed activity is continuing, even absent an imminent threat.
The New York State Illicit Cannabis Enforcement Task Force (ICET) is a coordinated, state-wide inter-agency effort launched to shut down illegal and illicit cannabis businesses that threaten public health and safety; the social and economic equity efforts of OCM; and the sustainability of the licensed cannabis market. The following stakeholders are engaged in the effort and are working alongside our partners in local law enforcement and city and county government statewide.
When you buy unregulated products from illicit shops, you don’t know what you’re getting. Unregulated products purchased online and from unlicensed stores are a safety risk as they have not been tested for contaminants, processing methods are unknown, and the label could say one thing and the contents may be something entirely different.
Additionally, they can be attractive to children or minors under 21. Not only is it illegal for anyone under 21 to purchase or consume adult-use cannabis, it can be dangerous to their health, sometimes requiring a visit to the emergency department or even a hospital stay. Below are examples of unregulated cannabis products collected during OCM’s enforcement seizures.
All regulated products will have a QR code or link to that product’s lab testing results called a Certificate of Analysis (CoA). All cannabis products must pass lab testing before being sold at licensed adult-use or medical dispensaries. Lab testing ensures cannabis products available are safer to consume and are accurately labeled with potency.
Report any issues with a cannabis business, cannabis product, and adverse events at the link below. All incident reports of potential illicit shops are investigated by the Office’s Enforcement Division. Here’s what you need to know:
This page is available in other languages