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State Office of Cannabis Management cracking down on illegal shops, Massena shops remain open

Posted 6/21/24

MASSENA -- Illicit cannabis shops remain open throughout the state but according to state officials their days of operation are numbered.

Governor Kathy Hochul recently announced a task force …

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State Office of Cannabis Management cracking down on illegal shops, Massena shops remain open

Posted

MASSENA -- Illicit cannabis shops remain open throughout the state but according to state officials their days of operation are numbered.

Governor Kathy Hochul recently announced a task force operated through the Office of Cannabis Management to strategically shut down the illegal shops in an effort to bolster legal marijuana sales while ensuring public safety from illegal marijuana hitting the market.

State officials previously said illicit shops and products pose a serious health risk to consumers who may be using untested products that could potentially be laced with Fentanyl and pesticides.

In total, 114 shops have been closed since the task force was initiated, with an additional 400 closures due to new legislation passed by state lawmakers, officials say.

As a result, legal retailers in enforcement areas reported a 27% increase in sales from the first week of May to the first week of June, nearly seven times higher than the previous month-to-month data, officials say.

State enforcement agencies reported more than $29 million worth of illegal products have been seized as well, including 3,200 pounds of product.

“We are committed to building the strongest, most equitable cannabis market in the nation,” Governor Hochul said.

“In order to advance that goal, we promised to expedite the closure of unlicensed cannabis storefronts, and I’m here today to say: we’re getting it done.”

Shops operating without a state license in the north country have posed many questions in recent months, with law enforcement taking action last year to shut a number down.

In an operation titled ’Trip around the County’ shops in Oswegatchie, Potsdam, Massena, Canton and Gouverneur were investigated and the operation is still underway, according to officials.

Following the raids, former St. Lawrence County Sheriff Brooks Bigwarfe said at the time the goal was not to eradicate marijuana use in the county, but rather stop the sale of illegal substances and drugs to minors.

”Illegal substances are in some of these products being sold in these establishments with no oversight. It will continue to endanger the citizens of St. Lawrence County and surrounding counties,” he said.

St. Lawrence County District Attorney Gary Pasqua doubled down on the sheriff’s statement at a press conference. in Canton Friday morning, June 30, 2023.

“This isn't about, necessarily, just marijuana, and whether you agree or disagree with the law that was passed here in New York. This is about the totality of what was happening in the stores as the sheriff mentioned. This is about controlled substances and hallucinogens being sold in the stores. This is about them being sold to children in our communities. That is why this was so important,” he said.

While many shops were targeted in the raids due to illegal products and sales to minors, a handful in the contested "Massena Square Mile" went untouched.

Massena Mayor Greg Paquin has been vocal on the issue, calling out state officials for what he says is "a blatant failure of OCM and state officials to take action against illegal pot shops."

Paquin previously said that OCM needs to come to Massena to shut down the shops, something state officials have yet to do.

“We need OCM to come here and work with us to shut these illegal operations down for good. OCM has the sole authority to do this and the infamous ‘Massena square mile’ does not exist. It has never and is not an obstacle for the state of New York to come here and work with us. It's my understanding that settlement of the land claims has been reached and that area was never part of any discussion,” Paquin said.

On multiple occasions, Paquin said he has sought assistance from the state but to no avail. Phone calls and emails have gone unanswered for both he and NCTW.

Taking matters into his own hands, Paquin urged the board to support injunctions against two illegal operations in Massena.

In February, Paquin told village officials the village attorney had filed injunctions against the two shops.

During the Village Board of Trustees meeting on Feb. 13, Paquin said both operations were operating illegally due to code violations and, in the case of THC Remedies, violating planning board regulations.

"They came in and told the planning board they were going to be a smoke shop and as soon as they got approval they started selling pot," Paquin said.

According to Paquin, both businesses will be able to continue to operate until the village receives an injunction to step in and shut them down for code violations.

Paquin clarified in February that only the two shops are being taken to court, with a third being just outside the village limits.

"That one is not within our jurisdiction, so we can't do anything about them legally," he said.

"There may be other businesses that are not code compliant or planning board compliant," Paquin previously said.

Another point of contention is just who is licensing the businesses operating in the "Square Mile."

"Just a general comment, I got an email, I want to say maybe about a year and a half ago, from the Tribal Council. They had their list of authorized and unauthorized pot shops and which ones they said could operate on tribal land, which I thought was kind of interesting," Paquin previously said.

Though he was not clear of the details at the time of the meeting in February, Paquin said it was possible that the businesses in question are licensed through the Longhouse and are not duly authorized to operate by the Saint Regis Mohawk Tribe's Cannabis Compliance Office.

In a press release obtained by North Country This Week in February, the Saint Regis Mohawk Tribe's Cannabis Compliance Office listed 21 dispensaries that are licensed by and compliant with tribal regulations.

Neither business in question were included in the press release.

"To easily identify these licensed retailers, community members are encouraged to look for the Tribally Licensed compliance emblem with the respective license number prominently displayed on the front window or door of each establishment. Tribal Compliance Officers conduct regular visits to these stores to ensure strict adherence to tribal regulations and work collaboratively with tribally licensed retailers. The Tribe emphasizes that member-owned licensed properties play a crucial role in supporting programs that benefit Tribal community members," the press release states.

Why the businesses are allowed to continue operating is simple, Paquin previously said.

"This is a failure of New York State and the Office of Cannabis Management. We have continually asked for their help and they have done absolutely nothing to help us. They have abandoned us, they have abandoned Massena. Under the law, it is now up to the Office of Cannabis Management to enforce these regulations and shut these businesses down if they are not compliant," he said.