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NY’S CANNABIS CONTROL BOARD IS FAILING JOB ONE: PROTECT PUBLIC SAFETY

By
Howard Husock


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Back to Reading
November 30, 2022 7:19pm
Updated
November 30, 2022 8:49pm
The Cannabis Control Board has yet to adopt final regulations a year and a half
after the state passed the Marijuana Regulation and Taxation Act. AP


MORE ON: CANNABIS


 * NOW KATHY HOCHUL WANTS LAW TO SMOKE OUT ILLEGAL POT SHOPS


 * NY POLS TO BLAME FOR DISASTROUS MARIJUANA LAW: MIKE BLOOMBERG


 * I LOVE MY DAUGHTER’S UNUSUAL NAME — BUT PEOPLE SAY IT’S SLANG FOR DRUGS


 * VAPING NICOTINE, THC MAY INCREASE DEPRESSION, ANXIETY IN YOUNG ADULTS: STUDY

New York’s Marijuana Regulation and Taxation Act passed more than a year and a
half ago, but even as illegal weed shops and public puffing proliferate, the
Cannabis Control Board has yet to adopt final regulations.

Worse still, its 282 pages of draft language pay far more attention to “social
and economic equity rules” — including prioritizing licenses for convicted drug
dealers — than to what should be the board’s core mission: protecting public
safety as the state rolls out a dangerous drug.

There was no excuse for the Legislature to legalize cannabis in March 2021
before the state established regulations for its sale and use. Police
departments understandably felt they had to turn a blind eye to the rise in
bodegas selling potent gummies and more, as well as to pot smoking in public
parks and playgrounds. That leaves a vast gray market of untaxed pot products of
unknown quality that will be difficult to suppress.

But the proposed licensing regime, still stuck in draft, poses its own problems.
Crucially, it fails to regulate the “potency” of marijuana “flower” for smoking.
Vermont and Connecticut have 30% tetrahydrocannabinol (THC) caps — and a
physician-led movement in Vermont seeks to lower that to 15%. New York’s draft
rules propose no cap at all.

Illegal cannabis shops, many of which sell to those under 21, have popped up.

High-potency pot and cannabis extracts pose addiction and mental-illness risks.
That’s what’s meant by warnings that today’s weed isn’t like that of the ’60s.
Producers strive for potency much higher than the street drug’s 1990s 4% THC
average. The board caps THC content for “orally ingested products” such as
gummies but not for the stuff that’s smoked.


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Nor do the proposed rules limit how many of the potent potables can be purchased
at one time. A Boston University School of Public Health study warned
specifically about the need for “limits on the total amount of THC in the
transaction.”

An obvious concern: large purchases and later resale to those under 21. A
retailer is authorized to curb sales based on a “risk of diversion” — but that
decision is left to “the opinion of the retail dispensary employee.”

Police turned a blind eye to much of the illegal marijuana sales in the city. AP

A related problem: potential large purchases by authorized medical-marijuana
patients. That issue, especially regarding high-potency pot, has already
prompted Colorado to require tracking of individual transactions.

The board devotes page after page to how to apply for a retail license and the
“equity” rules guiding that process, including for “distressed farmers.” It even
discusses the importance of biodiversity in hemp cultivation.

But the regulations permit pot dispensaries to locate within 500 feet of
schools. Pot retailers will, in fact, have easy access to young smokers.
California and Colorado, both legal-pot early adopters, set the limit at 1,000
feet. Better for the board to let localities decide for themselves, but a
special section limits local rule-making.

There are no regulations around the potency of marijuana flower.AP

This is no minor matter, as the Centers for Disease Control and Prevention
reports: “The association between marijuana and schizophrenia is stronger in
people who start using marijuana at an earlier age and use marijuana more
frequently.” A new study in the journal Addictive Behaviors concludes,
“Recreational legalization is likely to increase cannabis use among adolescents
and young adults who perceive cannabis as less harmful.”


SEE ALSO


YES THEY CANNABIS: HORDES OF ILLEGAL SHOPS — SOME SELLING TAINTED POT — INVADE
NYC

Retailers can lose their license for sales to those under 21 — but that will
rely on effective enforcement. Better to keep schools and pot retailers far
apart.

Nor is there a prohibition against drive-through sales. Potheads may find them
convenient, but the board should be wary because of the obvious risk of
weed-induced impaired driving. This matters more because there is no breath test
for driving while high like that for drunk driving. Police will rely, the board
says, on a 10-point assessment of impairment — a subjective test.

The board will give the booming gray market another boost: It’ll let
“home-growers” store up to five pounds of pot for their personal use. That may
mask a black-market operation. How are police to distinguish between personal
and illicit cultivation? The NYPD has plenty to do without getting search
warrants for apartment pot growers.

80
What do you think? Post a comment.

And the board’s signature “social equity” initiative — laid out in detail to
make sure those getting licenses thanks to past convictions are not straws for
the unqualified — poses problems for the neighborhoods in whose name it’s been
adopted. A concentration of pot retailers in low-income minority neighborhoods
is not the route to public health and self-improvement.

The best that can be said for the Cannabis Control Board is that it’s finally
released draft regulations. The public has 60 days to comment. Let’s hope it
does — and the board takes heed.

Howard Husock is a senior fellow at the American Enterprise Institute.




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Filed under
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 * 11/30/22

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