Dec. 11—CANTON — Smokey Joe’s, in a trailer stationed by the footbridge near SUNY Canton, does not sell marijuana. The business sells stickers, and gives people marijuana as a gift with each purchase.
In New York, only licensed dispensaries can sell marijuana. But adults over 21 can give each other cannabis.
That technicality apparently is allowing businesses like Smokey Joe’s to operate in the area.
“It is a loophole in the state law,” Canton Mayor Michael J. Dalton said Friday.
Mayor Dalton said the police were aware of the operation on State Street.
The village is trying to contact the owner of the property to see if Smokey Joe’s has permission to be operating there.
Smokey Joe’s and Canton are not alone, Mayor Dalton said. There are businesses like this in other Northern New York communities, including Massena.
A representative from Smokey Joe’s told the Times they started operating last week, and can also deliver the “stickers.” A $10 sticker earns the buyer one gram of marijuana.
With a purchase of $10 to $15, they give marijuana. For $35, a buyer gets oil. With a purchase between $25 and $35, edibles are the gift. For $95, they gift dab pens.
“We do not sell these products,” a sign outside the trailer states, referring to the marijuana. “You’ll receive them as a gift with the purchase of a sticker(s).”
On Friday the person operating the shop produced a document he said he gives to law enforcement.
The document states that it is legal for adults to give each other cannabis products for free.
“The act of a “gift” of weed with another purchase falls within the law,” the document states
Information on the state Office of Cannabis Management website disagrees.
“It remains illegal to distribute or sell cannabis without a license. Transferring cannabis under the possession limit between adults who are 21 years or older without remuneration (money paid or service provided) is legal. However, some individuals are attempting to skirt the law with so-called “gifting” in which cannabis is given away at the same time as another transaction or is offered or advertised in conjunction with an offer for the sale of goods or services — this activity is illegal,” the web site states.
Smokey Joe’s requires a state-issued ID from every customer to ensure nobody under the age of 21 is gifted marijuana.
The Smokey Joe’s document also claims they possess no more than the legal limit of cannabis.
The operator said Friday their products come from a Canadian supplier.
The document also asks law enforcement not to loiter near the operation and cause “concern” to their customers.
St. Lawrence County District Attorney didn’t seem to think this kind of business was legal, but couldn’t say for sure.
“If you look under the definition of sale in the state of New York, it means to sell, give, or trade,” he said. “Just because you’re not exchanging money directly for that product doesn’t mean it’s not a sale.”
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