Bath is going to pot–and not in a good way…
There have been several new businesses popping up in Bath lately—some for the good, and others of questionable motive. A startling example of the latter has been the proliferation of ‘head shops’ with the aspiration of becoming legitimate cannabis dispensaries once the NYS Cannabis Board creates and establishes regulations for them. According to the planning, such regulations will be issued in 2023—and full licensing beginning then.
Across the state, entrepreneurs are setting up ‘head shops’ containing a variety of smoking paraphernalia—in anticipation of becoming licensed. As we well know, the sale of paraphernalia for the consumption of cannabis is legal–as long as it is new and unused—and here we can boast nearly every convenience store in the village, as well as the Adult Bookstore sells a wide variety of things. Selling paraphernalia for the packaging and sale of drugs however is quite illegal in New York state, and is punishable under New York Consolidated Laws, Penal Law – PEN § 220.50 as a class A misdemeanor. The sale of consumption items are still illegal under Federal law—but each state of the Union has developed their own laws and regulations to deal with it. Details here:
Sadly, for the emerging and legitimate cannabis industry in New York, some shop operators have sought to “jump the gun” by exploiting what seemed to be a loophole in cannabis laws. Under the 2021 MRTA, it is legal to give away (freely) small quantities of cannabis. The regulations are still silent on how one legally acquires this cannabis outside of medical dispensaries with a valid medical marijuana card.
The matter at hand is that these pop-up head shops have been “gifting” customers with the weed strain of their choice when they buy a SERIOUSLY overpriced non-cannabis item from the store—such as a poster, T-shirt, or something else. The shops are not illegal if they do not sell packaging or processing equipment—but they sure as hell are when they gift you weed in an exchange.
To the time of writing this article, no less that 5 new shops have popped up here in our tiny village of under 4000 souls. Combined with existing convenience store offerings—exactly how many bongs, pipes, papers, and other items do we need access to? In a blinding example of glut, three of them are now located in close proximity to each other on Liberty and Washington streets. One (Good Vibes, in the Liberty Street space formerly occupied by Kiesha’s Café) recently gave an interview on WVIN’s Community Focus Podcast with Sonya Ellison:
Let’s clear up some misconceptions strewn about by various sources and individuals. First, the Cannabis Board DID NOT order our shops closed. They cannot do that. Rather, they send ‘cease and desist’ orders to those who were found in violation of the laws via ‘gifting.’ Secondly, there is nothing illegal about operating a head shop.
The real trouble is how the village trustees choose to enact any regulations and ordinances pertaining to the establishment of dispensaries. There is a solid consensus of favorable opinion locally and statewide for the sale and consumption of cannabis—or the MRTA would never have been enacted. Businesses that are fully legitimate and an asset to communities can be adversely affected by the proliferation of sketchy, pop-up operations. And in the end, there is a lot of revenue to be generated and placed in our local coffers.
Obviously, as we have discussed before, there is no way for 5 or more candidates to survive. Untouched, most will fall away through attrition. Let’s hope that the local leaders do not do anything rash—but to be honest, what is happening right now is not very appealing…
This needs to be considered closely and rationally. There is no time for rumors and scare tactics that spoil the apple barrel. Can we do that?
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