State officials issued a violation to Maryam’s Taste of Halal after finding cannabis products during an investigation last week, Binghamton Mayor Jared Kraham announced on X. He added that a number of underage individuals became sick after consuming cannabis gummies sold at the popular local market that is not a licensed cannabis retailer, “resulting in hospital visits.”

“Unlicensed stores selling illegal and untested cannabis products are dangerous,” Kraham wrote. “I urge Binghamton residents to buy only from NYS-regulated cannabis dispensaries. Any other business selling cannabis is putting your health at risk and probably ripping you off.”

“It’s long past the time to take action to protect kids and neighborhoods,” he continued.

Just Breathe at 75 Court St. and Cotton Mouth Dispensary at 439 Court St. are the only two currently licensed cannabis dispensaries in Binghamton.

In the post, Kraham implored the City Council to pass a “common sense law” [HYPERLINK: https://www.bupipedream.com/news/mayor-kraham-proposes-law-targeting-illicit-cannabis-sales/158499/] to crack down on illegal cannabis dispensaries that he proposed in October. The law would empower the Binghamton Police Department to inspect businesses suspected of illegally selling cannabis.

“As we saw at the location in Binghamton, an illicit shop sold to individuals under the age of 21 and those individuals ended up going to the hospital after ingesting the product,” said Daniel Haughney, the Office of Cannabis Management’s director of investigations and enforcement. “You don’t see that from licensed locations. When you purchase products from a licensed entity, you know that those products have been tested and are safer to consume, you have an idea of what’s actually in those products.”

At a March 11 council meeting, Damien Cornwell, the owner of Just Breathe, described the steps he was required to take to open the dispensary, including applying for a license with support from the Broome County Urban League, a local nonprofit founded in 1968.

Cornwell must also pay higher taxes — a 9 percent state tax, a 4 percent local tax and 9 percent of the price of the cannabis products. The Office of Cannabis Management has a list of guidelines that legal dispensary owners like Cornwell must follow, like ensuring the dispensary’s marketing does not attract minors.

Just Breathe opened in 2023 and was the first legal cannabis dispensary in the state outside of New York City. At the time of its opening, Cornwell told Pipe Dream that opportunities like the dispensary are the “shot in the arm” that communities need to grow. Cotton Mouth opened earlier this year.

When Just Breathe opened, Kraham said that the legalization of cannabis allows products to be tested and examined before consumers purchase them. Because many people lack awareness of the products they buy at illegal dispensaries, these businesses can be dangerous, he said.

Nate Hotchkiss ‘12, who represents the Fourth Council District, said the proposed local law “Unlicensed Cannabis Activity” is a “misguided attempt to solve a much deeper problem.” He said the regulations put forth by the Office of Cannabis Management and the associated costs of regulated products are burdensome to licensed cannabis businesses.

“This situation has created a competitive advantage for unlicensed sellers whose products can be more affordable,” Hotchkiss wrote to Pipe Dream. “I can understand the desire for licensed sellers to alleviate the situation by advocating for enforcement around illicit sales. However, I don’t see enforcement putting a dent in unlicensed sales. We’ve spent over 50 years fighting a war on drugs, and the drugs won. Enforcement-first approaches do not work. They never have.”

“In conclusion, if we truly want to promote and support the legal cannabis market, OCM needs to make licenses accessible, and limit burdensome regulation,” he continued. “If we begin to approach a point where cannabis licenses are as accessible as tobacco or alcohol licenses, we can have a conversation about maintaining a fair and regulated marketplace. Until then, this law remains a symbolic gesture.”

Kraham said that the City Council should bring the proposed law to a vote, and if any council members do not agree with the law, they should vote it down and “explain that to their constituents.” He added that illegal shops sell untaxed and untested products to minors and must be shut down, and while this law would give the city the tools it needs to do that, the City Council is not taking action.

He added that unlicensed stores are “not paying their fair share of taxes,” money that could be used to fund youth programs or the Fire Department.

“This civil enforcement, which would be allowed under this law, it provides a resource where we can make neighborhoods safer, we can protect our kids, we can be sure that all of the tax revenue that city taxpayers should be getting, they get,” Kraham told Pipe Dream.

Editor’s Note (4/24): A previous version of this article incorrectly stated that Hotchkiss represents the Sixth Council District. He represents the Fourth District, not the Sixth.