Laws to Shut Down Illegal Cannabis Shops

Laws to Shut Down Illegal Cannabis Shops 

Regulate Tobacco and Nicotine Paraphernalia 

Press Release: September 5, 2024

County Executive Anthony J. Picente Jr. introduced two new local laws today that will crack down on the unlicensed sale of cannabis and regulate the retail of tobacco and nicotine smoking paraphernalia.

“In my State of the County Address earlier this year, I vowed to shut down the illegal cannabis shops that are plaguing communities across Oneida County and to regulate how smoke shops sell the tobacco and nicotine paraphernalia that are targeting our youth,” Picente said. “These two new local laws will put the power back in our hands to take control of this untenable situation and improve public health for all.”

The first local law authorizes the Oneida County Health Department to combat the unlicensed sale of cannabis. It will enable the County to conduct regulatory inspections of unlicensed cannabis retailers, issue violation notices, impose fines and penalties, seize illicit cannabis and issue orders to shut down unlicensed cannabis businesses.

The fines and penalties for the unlawful sale of cannabis will be $2,500 each day for a first violation, $5,000 each day for a second violation and $10,000 each day for a third or subsequent violation, with a maximum penalty of $25,000 per each unique instance of violation.

“It is estimated that there are more than 1,000 illicit cannabis shops doing business in New York State,” Picente said. “These illegal, unregulated shops pose a public health, safety and welfare risk and are not paying the required taxes or fees. We must eliminate them.”

There are currently only two cannabis shops licensed by the New York State Office of Cannabis Management in Oneida County. That does not include any cannabis businesses operated by the Oneida Indian Nation.

The second local law, known as the Smoking Paraphernalia Retail Control Act, is a first-of-its-kind legislation that will establish a comprehensive system for licensing and inspection of smoking paraphernalia retailers.

Any retailer selling pipes, waterpipes, hookahs, rolling papers, leaf (such as tendu leaves), electronic pipes, electronic cigarettes and electronic tank-devices, or any other device, equipment or apparatus designed for the inhalation of tobacco or nicotine, will be required to obtain a license from the Oneida County Health Department.

The license fee is $2,500 and must be renewed every two years. Separate licenses will be required per location and retailers must be 1,000 feet or farther from any school, park, daycare or playground. They must also be spaced more than a quarter mile from any other smoking paraphernalia retailer.

The Health Department will conduct inspections to ensure compliance with the law. It may seize paraphernalia and/or issue a notice of violation and order to cease the violation, with penalties. Additionally, it may issue orders to seal any premises selling smoking paraphernalia in violation of the law.

Retailers selling the aforementioned products without a license, selling them to a person under 21 years of age or employing a minor to sell smoking paraphernalia, will be subject to civil penalties of up to $500 per day.

“The use of tobacco and nicotine is one of the greatest public health threats of our time, as it is linked to 13 types of cancer and 25 chronic diseases” Picente said. “While the use of cigarettes has fallen, the use of vapes and waterpipes has skyrocketed, particularly among young people. Studies show that smoke shops increase the use of tobacco and nicotine products, especially when they are located near schools. Cracking down on this access will go a long way to protecting our children.”

In order to give retailers the opportunity to comply with the law and apply for a license, the new law will take effect 180 days following its filing with the NYS Secretary of State.

Picente’s proposed laws will be presented to the Oneida County Board of Legislators on Oct. 9, 2024.

You can view the recorded livestream of the press conference here