It’s a strange time. Right up the street from the Lift Off! Staten Island Cannabis Business Festival at the FerryHawks stadium in St. George held on Thursday where attendees gawked at (and potentially also purchased..legally…well, sort of!) crystally, gooey marijuana flowers that smelled like everything from a wedding cake, to skunks and blueberries, Borough President Vito Fossella gave an official press conference at Borough Hall, flanked by members of the NYC Sheriff’s department, some in full gear, as well as representatives from the District Attorney’s office, including Assistant D.A. Tom Ridges, the focus of which was drugs. Which drugs? Cannabis drugs, to be specific.
The tone of the press conference was grave, and from the start, the topic was serious: black market marihuana sold at Staten Island local shops.
The Borough President spoke against illicit cannabis while Staten Islanders, as well as visitors from around the world who had taken the ferry and decided there was a worthwhile reason to stay on this island, came out to the Cannabis Growers and Business event at the St. George stadium, right across the street from Borough Hall, to learn more about the legal cannabis products for sale, from actual cannabis flower containing Δ9-THC (Delta-9-tetrahydrocannabinol) to beauty products containing cannabis-derived fatty acids (oils) that benefit the skin. All this, right out in the afternoon sun, with the downtown Manhattan skyscrapers in the background.
Many of our readers are by now undoubtedly utterly confused. I can hear you now, asking yourself questions like: “Isn’t marijuana legal in NY? Didn’t it recently get changed so you can buy weed? Didn’t President Biden just fully legalize marijuana?” or, if you’re really out of it, “When did the illegal market get so brazen?” or “Why didn’t the BP know about this illegal Festival?” or “Doesn’t that just prove the BP’s point that illegal cannabis gets sold right in the open?”
Actually, these are all misguided questions. The answer is…well, confusing. In fact, like we’d find at any large sanctioned event, there were NYPD personnel on-hand at the Lift Off! cannabis festival at the stadium to make sure everything went smoothly. (In fact, it did.) It seems they likely had a fine day assigned there, with classic rock blaring all day, shade, and a cool breeze.
Why? How? What?! Police at a marijuana event? Actually, the event was sanctioned under the new New York State laws for consumer cannabis (as opposed to medical cannabis), and is legal under state law. So was the Borough President rallying against this legal weed event? Again, the answer is definitely no.
The meat of the issue is this: Drug Cannabis, as defined under Federal Guidelines, remains a scheduled substance. However, in recent years, while the DEA maintains that Drug Cannabis is Schedule I in response to states decriminalizing and seeking guidance, the Agency has permitted states choosing “legalization” to set their own parameters for such regarding growing and sales, “looking the other way” as it were, regardless of the Schedule I (and now because of President Biden’s choice, possibly downgraded to Schedule III in the near future) status of Drug Cannabis. In fact, the DEA now often works with states to help enforce the various states’ rules. Yes; this is confusing and doesn’t quite make sense. Even so, this is the reality.
From a legal standpoint, it’s a yielding of Federal power to the state legislatures. The federal government is letting states experiment with marijuana legalization, and states are taking vastly different paths to that end. Of course, each state has its own motivations for state-level legalization, ranging from equity, to destroying the black market, to creating a new source of revenue from cannabis taxes and licensing fees, and more.
As for most islanders, few are aware of this situation, and many Staten Islander News Org spoke with wrongly assumed the drug is now completely legal, as there has been virtually no enforcement of the state cannabis rules until now. From what people could see with vape shops appearing everywhere, it was all good.
While cannabis is now “legal” in New York state, the roll-out of the legal state-approved market has been exceedingly slow. There are no licensed recreational cannabis dispensaries that have yet opened on Staten Island. (All of the participants at Lift Off! Staten Island that were selling THC-containing products were growers from Long Island or upstate New York).
In the meantime, there have been a proliferation of shops that allegedly sell illicit cannabis products. Some definitely do, as joint investigations have turned up THC-bearing products in all forms, sometimes in abundance. The video from the BP shows the hefty haul, spread on a table before the speakers.
Other Vape Shops focus strictly on legal substances like CBD, also a marijuana-plant derivative, but free of psychotropic effects, and most importantly legal under the 2018 Farm Bill. Why do people bother if it doesn’t get you high? Studies on that cannabinoid reveal that the substance can help with anxiety. And, it tastes like cannabis, full of terpenes and natural flavor.
Many Vape Shops also sell Kratom, a substance that was challenged at the Federal level but remains legal, a plant that has chemicals that hit the same receptors as opiates, but do not bind nearly as strongly, meaning no high but rather an (allegedly) effective means of sating cravings for opiates, for those who have become “hooked” on that class of drugs, including opiate pills like Oxycontin and other brand-name pharmaceuticals.
Many islanders use Kratom to wean themselves completely off of heroin, according to their accounts. Others just like it, claiming it makes them feel calmer, though definitely not psychotropic, either. These shops also often sell nicotine vapes, glass pipes, water and energy drinks, as well as snacks, protein shakes, and candy.
But this press conference was definitely not about Snickers bars, CBD buds, and bottles of water. The topic was black market marihuana drug products allegedly sold at Staten Island stores, packaged in plastic with colorful graphics like the Monopoly Millionaire with the top hat that we all recognize. The BP suggested that this packaging is aimed at children.
The Borough President also spoke about “sophisticated, bad news element[s]” behind these stores. He did not elaborate; perhaps there are ongoing law enforcement investigations. BP Fossella chided stores for marketing to children, saying that, “it’s a sin.”
He explained that, “…the proliferation of a lot of stores that sell illegal substances from cigarettes to gummies to different types of cannabis…” have generated what the Borough President described as a “…bad quality of life situation…” that is, at its core, a legal matter. BP Fossella warned, “We are determined as a team…to make sure this..stuff..stops popping up in your neighborhood…”
The action against the stores stems from community complaints, according to the speakers. BP Fossella explained, “A lot of folks legitimately and rightfully complained about what is going on in their backyard, literally, or by a school, or by a train station, or senior center or house of worship…we hear you folks…we will ensure…that this stuff stops popping up in your neighborhood…”
He further explained, “Today the sheriff’s office leading the way, went after four different stores and imposed more than $200,000 in fines..[even] getting a..vanful…of stuff…” BP Fossella also thanked Mayor Eric Adams for issuing a directive for inter-agency cooperation to stop the spread of storefronts selling non-state-licensed THC.
BP Vito Fossella had a stern warning for the shops peddling illicit products: “I know that the sheriff and everybody behind them will be coming for you.”
Our Staten Island Borough President also talked about how the illicit THC products could be potentially deadly. (On its own, THC products are not fatal to humans, however pets can lose their lives, and children can suffer scary side-effects). However, BP Fossella cautioned that THC products could be adulterated with Fentanyl. “These products are mixed in somebody’s basement and you don’t know…if it has Fentanyl…the people responding are going to get adversely affected…some police officers [responding]…[may] overdose…” It’s unclear whether contraband that has been recovered has had detectable levels of Fentanyl or other opiates.
NYC Sheriff Anthony Miranda, accompanied by a number of his associates, elaborated on how this work is done: “We coordinate our efforts collectively…[the] sheriff’s office [works with the] NYC police department, DCWP, District Attorney’s office, Office of Cannabis Management, as well as the state agencies…buildings department, fire department, when necessary, and the department of health when it comes to different types of enforcement.”
He elaborated on what was found and what it means: “…untaxed cigarettes…it’s all revenue that’s escaping the city of New York…the flavored vapes which have been banned…and…market[ed] to our children…and you have the packaging…this is not for adult use…they’re trying to target our young adults…young children…this is also a health issue…an unregulated market..we have no idea what they’re mixing these products with…”
Sheriff Miranda explained that enforcement will begin wherever a health complaint was received where someone has fallen ill after using one of the products sold at a local store, imploring that anyone who has become ill report the store to keep the community safe. He also pointed out that adult-users of cannabis gummies should place them well out of reach of kids. It’s unclear whether these health complaints were regarding vapes, as was the case in 2019, when vape products were found to have various substances that caused lung problems and even loss of life.
According to the Sheriff, over $2,700,000, has been levied as fines in civil penalties, and $1,600,000 in illicit products have been seized. There have been 8 arrests, 35 criminal summonses, 24 notices of violation issued by the NYC sheriff’s office, 135 violations issued by DCWP, totaling 489 violations, with 2,750 counts. Products seized include cartons of untaxed cigarettes, other tobacco products, flavored tobacco, flavored vapes, THC vapes, cannabis flower, pre-rolled cannabis sticks, and packages of THC edibles. 129 pounds of cannabis flower and pre-rolled sticks have been seized, as well as 180 pounds of THC edibles, all seized since November, when the program began.
Sheriff Miranda concluded with the statement that the community’s complaints matter, and that the community should continue to report their issues regarding vape shops.
Executive Assistant District Attorney for Investigations Tom Ridges thanked the collaborative work of various law enforcement teams involved in seizing illicit cannabis product. About the shops that allegedly sell drug marihuana, the Asst. D.A. had this to say: ‘[Shops] are pervasive..they are annoying..they are dangerous…” and “…shots have been fired…” at these locations.
According to the Executive Assistant DA Ridges, there are now over one hundred such shops on the island presumably selling illicit substances. “[Shops] are dangerous because they sell…products that are attractive to children,” Assistant DA Ridges stated emphatically.
He went on to clarify that the enforcement effort is not about marijuana, generally, but rather solely concerning stores selling products that weren’t state-approved: “Regardless of your tolerance for legal marijuana, there must be zero tolerance for black market sales of these products, especially targeted at our young people…”
Apparently, this all began with neighborhood complaints. The Assistant D.A. clarified: “Let’s not forget the numerous 311 calls received for these locations involving quality of life offenses, loud music, traffic violations, illegal parking, crowds gathering, as well as the 911 calls received for these locations involving more serious offenses: disputes, fights, violence, and let’s not forget that because this is a cash business, albeit illegal, they are susceptible to robberies and violence…risking injury to..bystanders and responding officers.”
The Assistant D.A. then began speaking about the death of a well-known clerk loved by the community at a smoke shop on Manor Road in Westerleigh, and shared that there have also been robbery attempts where guns were drawn at other locations.
Executive Assistant District Attorney for Investigations Tom Ridges concluded with, “My message to the illegal shop owners? See you soon.”
Banner Image: Video cover image. Image Credit – Staten Islander News
Staten Islander News Service Staff Writer
This byline indicates that this article was penned by a member/members of the Staten Islander News Organization office team. Our staff writers are the backbone of our newspaper, performing all sorts of important tasks like conducting interviews, investigating leads, besides writing the news stories you see.