Your weed dispensary may be illegal – here’s how to tell
Cannabis consumers typically enjoy wider access in states that pass reform. Some states, like New York, see illicit dispensaries popping up like toadstools when adult-use legalization takes effect. These stores are not licensed, putting shoppers at risk.
The existence of illicit dispensaries can lead to a lot of confusion for people seeking safe and tested cannabis products. Additionally, some states have made it a crime to buy pot from an unregulated source. This means well-meaning consumers may be inadvertently breaking the law when visiting an illegal weed store.
Officials in cities like New York and Los Angeles have worked tirelessly to combat illicit dispensaries. However, the average consumer may not know the difference. Many illegal pot shops are incredibly sophisticated and may even sell bootlegged versions of popular brands. This can make it difficult to discern a state-approved dispo from a trap shop.
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For those who wish to support the legal market, there are several ways to tell whether a dispensary is legit. According to Mike Wilson, CEO and co-founder of cannabis retail design firm The Temeka Group, you can start with window shopping.
“If someone is walking down the street and looks in a store and sees the (cannabis) product, they may think, ‘That must be a legal shop, I can see the product.’ It’s the complete opposite. That’s the illicit shop. Because of regulations, you cannot see the product from the street,” Wilson told GreenState.
The Temeka Group has designed clever decals for legal dispensaries to display on their windows and doors, telling potential customers the business is licensed. Wilson hopes to make the designs obligatory, but until they are, consumers may be left to their own devices.
Here are five questions to ask that could help you determine whether a dispensary is regulated.
Did someone check your ID?
Licensed cannabis dispensaries are required to have staff check IDs for customers. They typically also have a holding area where guests must wait to be verified before entering the store. If you waltz right into a shop and no one seems concerned about your age, that’s a major red flag.
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How are the products displayed?
In New York, live products must be kept under glass or behind the counter in sealed packaging. Jars of flower or hanging displays with edibles and carts are strictly forbidden. If you see anything like this, you can bet the store is illicit.
“You can’t serve customers bud from a jar deli-style. Flower has to be in a sealed package with the State of New York symbol,” Wilson noted.
What does the packaging look like?
Okay, so maybe you entered a shop, your ID was checked, and all the products were under glass. The next clue is the products themselves.
If you’re in New York, anything with a California cannabis symbol or testing sticker is an immediate cause for concern. California brands have flooded the Empire State despite the fact that cannabis cannot cross state lines.
“Since interstate commerce does not exist in cannabis, anything from California is technically illegal,” Wilson explained. “It may have come from a legitimate source and sent to New York or it could be counterfeit. Either way, it’s against the law.”
Another hint? A lack of testing labels. Licensed brands must put test results on their package; this may include THC levels, terpenes, or verification that the product is pesticide and mold-free. If you don’t see this sticker, you could be looking at a bootleg product.
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How did you pay?
The majority of dispensaries are cash-only, but some will accept debit cards. This goes for licensed and unlicensed businesses. However, if a retailer offers the ability to pay with Venmo or Cash App, that’s a potential red flag. Payments for weed products violate these apps’ rules since cannabis remains federally illegal.
Some places will use gifting laws to evade suspicion. For example, adults in Minnesota are allowed to give other adults up to two ounces of cannabis for free. You cannot pay or trade goods for pot. Some people will attempt to sell points that can be redeemed for cannabis or other workarounds, but this is still technically illegal.
Was tax added to your bill?
The majority of legal states require excise and local taxes to be paid when shopping for pot. While some retailers may opt to price their products all-in, the exact amount of tax should be outlined on your receipt. Don’t see any tax added—or didn’t get a receipt at all? That’s a telltale sign you’re in an unregulated shop.
While most people are accustomed to buying cannabis from the legacy market, legalization promises a safer alternative. For people wanting to purchase products that are tested and in child-safe packaging, licensed dispensaries are the way to go. It may be tricky telling one from the other, but this guide should provide some hints on whether the store you’re in is bona fide.
