In The Era of The Gray Market, How Can We Be Thoughtful About Cannabis Use?

Amongst the Marlboro Golds and Juul Pods, New York residents have the option of purchasing THC gummies at their local bodega. 

New York residents can go to their local bodega for just about anything they need, whether it’s Juul pods, their favorite snacks, toiletries, or – notably – weed gummies. 

Despite being a Schedule I substance, cannabis products are readily available across the city – in bodegas, street stands, and larger-scale cannabis “wellness clubs.” 

Sure, purchasing your cannabis right alongside your Red Bull and scratch-offs is convenient. But taking advantage of that convenience comes with the risk of consuming unsafe additives, missing out on potent and effective cannabis products – and contributing to an (already massive) negative global impact.

NYPD Campaign Reveals Massive “Gray Market”

In June 2023, New York State began a strict campaign against unlicensed cannabis dispensaries. Cannabis retailers like Jackie’s Garden in NYC were subject to search by law enforcement officials.

Housed in a semi-truck trailer on the corner where the Jackie Robinson Parkway converges with Bushwick, Jamaica, and Pennsylvania avenues, Jackie’s Garden advertises itself as a “cannabis wellness club.”

However, though Jackie’s Garden keeps a steady business, they are not a licensed dispensary. Upon inspecting this club, law enforcement officials discovered that Jackie’s Garden was not being transparent – or even honest – about where their cannabis products originated. 

While the packages contained QR codes advertising detailed information about the product’s safety and origins, many of these QR codes led to dead-end sites. Law enforcement discovered that these cannabis products were being imported from other states and that many of them were not being tested for safety. 

Unfortunately, Jackie’s Garden is not an anomaly. 

New York City estimates that there are about 1,500 unlicensed cannabis operations throughout the five boroughs, though some estimate there could be as many as 8,000 unlicensed shops. Since June, the NYPD has confiscated over $40 million worth of illicit cannabis products from unlicensed dispensaries. Many of the products seized contained pesticides or other toxins

On the Fox News coverage of the Jackie’s Garden raid, many ran to the comments to express their perspective on the law enforcement campaign. 

“NYC tripping on the herb is crazy. They are just mad they can’t tax the grassroots movement,” one user shared.

“I’d never buy weed from legal spots. I don’t trust all this,” said another. 

These individual voices speak volumes about the veil of smoke over the NY cannabis industry and the nationwide gray market. In particular, the comments point to a general mistrust of the regulated cannabis market and a potential misunderstanding of the program’s benefits.

Given the country’s history with the war on drugs and cannabis-related incarceration, this mistrust is understandable. After all, why should communities that have been harmed by the country’s dark history trust the very entity that is largely responsible for this damage?

Given this tension, these comments indicate a dire need for clarity in the regulated cannabis market – both in New York and nationwide. 

Regulated cannabis–and medical cannabis in particular – is designed to protect the consumer. Purchasing from a licensed dispensary is oftentimes the only way to ensure that you’re using safely tested cannabis. Plus, purchasing from a licensed dispensary provides you with the opportunity to choose products tailored to your specific needs and desires – and to help support minority representation in a historically white industry. 

How to Be Thoughtful About Cannabis Use in the Era of The Gray Market

Though the gray market may be difficult to navigate, there are key benefits to purchasing regulated cannabis. 

LICENSED DISPENSARIES HAVE BETTER SAFETY STANDARDS

There are standards in all other industries including food, tobacco, and alcohol that protect the consumer from pesticides/chemicals/harmful additives. 

The cannabis industry shouldn’t be an exception. And in the regulated market, it isn’t. The Department of Cannabis Control (DCC) requires all batches of cannabis goods to be tested before they can be sold.

Licensed dispensaries often must provide Certificates of Analysis (COA) for their products. COAs protect the health and safety of cannabis consumers by providing details about lab testing. This certification includes testing information related to cannabinoid profile, microorganisms, heavy metals, pesticides, residual solvents, water activity, foreign materials, and other analytes or contaminants. 

Unlicensed dispensaries don’t have such guidelines. As a result, products purchased from these operations could contain harmful contaminants such as E. coli, lead, and salmonella. 

Finding a licensed dispensary close to you might be easier than you think. Some states, including New York, offer a dispensary verification tool to search for licensed cannabis retailers in your area – and the state requires that these dispensaries post their verification in their shops. 

A WIDER VARIETY OF PRODUCTS AIDS IN HELPING A DIVERSE ARRAY OF CONDITIONS 

Licensed dispensaries offer a broader range of products available than unregulated operations. 

The compounds in cannabis – including cannabinoids such as THC, CBD, and CBG – are most effective when they work together. This phenomenon formally called the Entourage Effect posits that the compounds work synergistically to produce more potent and efficient effects. 

While this effect can help enhance your high, it also may induce significant medical and therapeutic benefits for a variety of ailments. 

However, it’s not just the cannabinoids doing the heavy lifting. The plant’s terpenes – or the compounds that give each strain its unique flavor and aroma – are often a good indicator to medical cannabis patients of which strains might be beneficial to their unique conditions. 

Dr. Erik Smith, OBGYN and Medical Director at Veriheal, is highly familiar with how the cannabis plant interacts with the human body.  “Terpenes’ role is personal to each patient. Every patient responds to cannabis differently.

Though he started his career in a more traditional field, Smith has always had a passion for holistic medicine. Now, he’s the Medical Director at Veriheal, the largest facilitator of medical marijuana cards in the United States – and through his position, he helps mothers with addiction find relief through medical cannabis.

Many of his patients use a tailored approach for their unique pain symptoms, balancing THC amongst other cannabinoids and terpenes. 

“Your body knows what it’s looking for, what it needs. If you have a limonene or a citrus-based type of terpene that you may be able to identify in the products you’re using, that may give you a certain type of euphoria or a certain type of effect that may stimulate you,”  Smith explained. “So that uplifting, citrusy type of smell or flavor will enhance your response. Patients that may have anxiety or irritability might be more uplifted by that terpene and may achieve more balanced relief.”

At licensed dispensaries, customers have access to combination products that illegal shops simply don’t offer – not to mention the broad range of formulations, from topicals and tinctures to unique edibles and highly potent cannabis concentrates. 

This broad range can be tailored for specific symptoms of effects that an individual either desires or needs – whether that be pain relief, insomnia, or creative inspiration – rather than just weed for weed’s sake. 

ABILITY TO SUPPORT BIPOC-, WOMEN-, AND LGBT-OWNED BRANDS – AND INCREASE REPRESENTATION IN THE INDUSTRY

Generations of Americans have felt the violent repercussions of the country’s War on Drugs. For decades, the likelihood that a Black or Brown individual would go to prison for cannabis-related felonies is nearly four times that of a White American. 

Now, these repercussions are evident in the hoops that Americans with minority identities must jump through to own and operate cannabis businesses. In 2022, Fortune reported that Black cannabis entrepreneurs account for less than 2% of the nation’s marijuana businesses – including dispensaries, grows, and processing facilities. Social and financial hurdles have historically prevented minority Americans from legally participating in this industry. 

In other words, widespread distrust of a system that has historically been unkind to people of color is more than valid. 

However, sometimes, the only way to make systemic changes is to work within the system. Supporting businesses owned by individuals who have been impacted by the War on Drugs is a small ask to help elevate these businesses, increase the representation of minority voices in the conversations around cannabis, and ultimately affect real change to the stigmas clouding the industry. 

Until New York can stabilize its cannabis market, many people will likely continue to purchase from unlicensed sellers. However, it’s vital to at least be aware of the potential risks and drawbacks of doing so. 

With some luck, things will even out over the next couple of years so New Yorkers can trust that they are getting quality, tested products that support diversity in the industry. It may take some time for everyone to get used to the regulated market, but don’t count it out – the quality of the products and services available may surprise you. 

The next time you visit your neighborhood bodega, consider skipping out on those gummies and getting them from a licensed dispensary instead. You can fully enjoy your cannabis experience knowing that you’ve supported the city you call home and that you’re getting a safe product that will do exactly what it’s designed for.

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