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NY’S KATHY HOCHUL ACCUSED OF DOUBLE STANDARD FOR BANNING FLAVORED CIGS NOT
CANNABIS

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Back to Reading
January 22, 2023 4:27pm
Updated
January 22, 2023 4:39pm
Massive crowds flock to NYC smoke shop on first day of legal weed

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MORE ON: KATHY HOCHUL


 * NY CRACKDOWN ON ILLEGAL WEED SHOPS DOOMED TO FAIL AS OWNERS HIDE IN THE
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Cigarette sellers are accusing Gov. Hochul of a double standard — proposing a
ban on flavored tobacco while allowing the marketing of flavor-infused and
fruity-scented marijuana merch.

New York currently bans the sale of flavored vaping products.

In her 2023 State of the State policy agenda,  Hochul said she’ll introduce
legislation to expand the ban to prohibit the sale of all flavored tobacco
products — like menthol smokes.

The governor also proposed to hike the cigarette tax $1 — from $4.35 to $5.35
per pack.

“These actions are projected to reduce the number of young people smoking
cigarettes by 9%, prevent 22,000 youths from becoming adult smokers, and prevent
premature deaths caused by smoking,” Hochul said.


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At the same time, Housing Works — a not-for-profit provider operating New York’s
first cannabis dispensary in Manhattan — is marketing a number of THC products
infused with flavor, or with sweet-sounding scents and names.

On its website, Housing Workers promoted cannabis vape pens with names like
“Pineapple,” “Tropical Runtz,” “Bubba Kush,” “Pre Bubba Kush,”  “Ayrloom,”
“Tahoe,” “Pink Grapefruit,” and “Cereal Milk.”

New York’s cannabis law states cannabis advertising is prohibited if it “is
designed in any way to appeal to children or other minors.”USA TODAY
NETWORK/Sipa USA Retailers are marketing THC products infused with flavor.USA
TODAY NETWORK/Sipa USA

Housing Works also sells “Sour Green Apple” edibles and flowered weed with names
including “BlueBerry Danish,” “Wedding Cake,” “Banana Runtz,” “Gush Mints,”
“Gorilla Blue,” “Purple Punch,” and “Space Queen.”

Meanwhile, flavored cannabis products like gummy edibles are being sold at some
of the 1,400 unlicensed smoke shops in the city, according to Sheriff Anthony
Miranda.

The governor’s action smacks of hypocrisy, merchants and tobacco advocates
charge.

“Blaming flavored tobacco as a vehicle for underage smoking while promoting
flavored cannabis is bizarre and contradictory, and will only impact the lives
of retail employees who will see their jobs eliminated,” said Kent Sopris,
president of New York Association of Convenience Stores.

He added that “prohibitionist policies such as the flavor ban will have no
impact on the availability of the products as they will remain readily available
to consumers in nearby states and on the flourishing criminal underground market
just like banned flavored vape products are.”

Gov. Kathy Hochul is proposing an expansion to the ban of flavored tobacco.Getty
Images for Concordia Summit

Hochul’s office defended the proposed flavored tobacco ban.

“Whether Big Tobacco admits it or not, the facts are clear: cigarettes kill more
than 28,000 New Yorkers each year and Governor Hochul’s bold public health
proposal will save lives,” said Hochul spokesman Avi Small.

The governor’s office also said New York’s cannabis law explicitly states
cannabis advertising is prohibited if it “is designed in any way to appeal to
children or other minors.”

Westchester County Executive George Latimer last month vetoed a similar bill to
ban flavored cigs, saying there was a disconnect between the tobacco prohibition
and the state’s promotion and licensing of recreational cannabis.

“The intersection between making certain tobacco products illegal at the same
time we are allowing cannabis products to be legally sold, creates a societal
concern that must be more fully addressed,” Latimer said in his Dec. 12 veto
message.

Hochul also proposed to increase the cigarette tax $1 — from $4.35 to $5.35 per
pack. REUTERS/Lucas Jackson New York currently bans the sale of flavored vaping
products.USA TODAY NETWORK/Sipa USA

The New York City Council tried to ban menthol smokes in 2019 and 2020 — but was
beat back by opposition from the tobacco industry and civil rights activist Al
Sharpton, who worried prohibition would lead to a growing black market of
untaxed flavored single cigarettes and confrontations with police.

He particularly referenced the death of Eric Garner on Staten Island in 2014.
The legislation is also opposed by Garner’s mother, Gwen Carr.

But the NAACP supports a ban on menthol cigarettes, saying the tobacco industry
had aggressively marketed flavored cigarettes to “communities of color” that
contributed to worse health outcomes for minorities.

“I’m glad Gov. Hochul is taking up the cause. This tobacco ban is on the NAACP’s
legislative agenda,” said NAACP’s New York State president Hazel Dukes. “We
stopped taking money from the tobacco companies because of the higher death rate
in the African-American and brown communities.”

71
What do you think? Post a comment.

Dukes insisted tobacco and cannabis should be treated as separate issues — and
dismissed comparison, in terms of prohibition, as “apples and oranges.”

Brooklyn Councilwoman Rita Joseph is pushing legislation to outlaw the sale of
menthol, mint, and wintergreen flavored cigarettes in the city.




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