Cannabis business owner pleads case for downtown Auburn location

In an interview with The Citizen, I’m Stuck owner David Tulley, of Lyons, responded to a Dec. 11 report that the city is “looking at every available legal option” regarding his business, I’m Stuck. Concentrated mostly in Wayne County, the “cannabis consulting and marketing firm” is preparing to open its sixth location at 9 E. Genesee St., previously a Metro by T-Mobile store, on East Hill.

Assistant Corporation Counsel Nate Garland told The Citizen the city is looking at its options because I’m Stuck also offers cannabis products despite not having a dispensary license from the state Office of Cannabis Management. I’m Stuck even calls itself a dispensary on its website, and lists flower, edibles and other products there. The office has sent the business several cease-and-desist letters.

However, Tulley believes his business model doesn’t break any laws. Customers pay for consultations, he said — namely, what type of cannabis product would work best for them. They are then given a free sample of that product. The sample is not a gift, Tulley stressed, due to the fee that’s paid. The state office has explicitly said unlicensed businesses gifting cannabis, even with fees, is illegal.

Tulley went on to criticize the city, and the state, for targeting a business that he claims employs 40 people and pays them salaries of $1,500 a week. Beginning this quarter, he also intends to pay taxes on cannabis sales at the state’s rates — 9% to the state, 3% to the municipality and 1% to the county. Those sales topped $6.6 million at I’m Stuck’s five locations over the last six months, Tulley said.

“I didn’t choose to be the No. 1 dispensary in New York state, the people of New York chose that,” he said. “So why are these towns not embracing me? I’m the one giving them tax dollars.”

The state’s creation of its cannabis industry, as laid out by the Marijuana Regulation and Taxation Act, was the subject of several more criticisms from Tulley. He believes it’s unreasonable that the Conditional Adult-Use Retail Dispensary License, which he has applied for since he has a previous cannabis conviction, requires applicants to own or co-own a profitable business for at least two years.

Tulley also questioned why the state has been so slow to set up its industry since passing the act in March 2021. As a result, he said, licensed cultivators are at risk of losing their first crop, leading some to sell to him. I’m Stuck only sells cannabis grown in New York, he continued, naming Honest Pharm in Newark among his suppliers. He claimed all products sold in his stores are safe and tested. 

“What laws am I breaking?” he asked. “New York state is making money off license applications, so they’re getting paid. The rest of us are disenfranchised or becoming disenfranchised.”

As for Auburn — where I’m Stuck is already familiar after opening the Weed Warehouse across from Fingerlakes Mall earlier this year — Tulley said he wants to be a good neighbor. He met with Garland last week to secure a permit for his new location’s sign, and made many of the same points at Thursday’s City Council meeting. Calling his business “the Robin Hood of weed,” he said he has sponsored events like winter coat and Christmas toy giveaways. He’d also like to form partnerships in the community that address problems like gun violence in schools and domestic violence at home. 

“We give it all back,” he said. “We’re the dispensary of the people. We want to help everyone.”