The two unlicensed cannabis dispensaries in the Auburn area that were raided by authorities on Tuesday remain open, and their owner declared that he’s “ready for war” with the state.
David Tulley, of Lyons, told The Citizen on Friday that his businesses — I’m Stuck at 9 E. Genesee St. in Auburn and the Weed Warehouse on Crane Brook Drive in Aurelius — continue to serve customers despite signage posted in their doors by the New York State Office of Cannabis Management saying, “this location must immediately cease the sale of unapproved and unauthorized cannabis products.”
The businesses, which are advertised as “consulting and marketing firms,” sell “consultations” about cannabis products while technically gifting the products themselves in order to exploit a legal loophole.
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Asked directly by The Citizen whether his businesses are still selling “consultations,” Tulley replied, “Our stores are still open.”
Tulley, who owns another four locations of I’m Stuck in Wayne County, spoke to The Citizen by phone from Ithaca. He and several I’m Stuck employees were handing out free cannabis products to customers of William Jane, a licensed dispensary that opened in March, as a form of protest against the Office of Cannabis Management. If I’m Stuck can’t do business, he said, no one should be able to.
“I am the king of New York when it comes to weed. You will open the market for everyone, not shut people out of the market. That is a socialist economy,” Tulley said. “Where’s the licensed dispensary in Auburn? How far do they need to drive to get their weed from licensed dispensaries? Or are you sending them back to the street corner where they really might be getting fentanyl weed?”
Tulley said he and his 40 employees were prepared for Tuesday’s raids, and that a “minimal” amount of cannabis products were seized. Still, he was arrested at the I’m Stuck location in the town of Ontario on a misdemeanor charge of 2nd degree obstruction of governmental administration. According to the Wayne County Sheriff’s Office, Tulley crossed police tape and entered a garage structure, locked himself inside with authorities and tried to interfere in their investigation by “yelling at them.” Tulley, blaming a broken lock on the structure’s door, called it a “clown show arrest.”
New York started new inspections this month at the unlicensed pot shops that are troubling the state’s fledgling legal marijuana market. But anyone who expects to see the stores shape up or shut down might need patience. The enforcement push debuted with inspections, violation notices and confiscation of contraband weed at 11 Manhattan storefronts. Two weeks later, an Associated Press reporter found two stores appeared to have closed, two others were no longer selling marijuana products — and it was business as usual at the rest. Legally, inspections are just a first step toward hefty fines and, potentially, closure and even criminal prosecution. Still, regulators hope this will be a turning point in weeding out illegal sellers.
The Office of Cannabis Management has declined comment on the raids to The Citizen, saying it has no information to share at this time.
The state has defended previous raids of unlicensed dispensaries in Ithaca and Binghamton by pointing out that their cannabis products aren’t tested by the Office of Cannabis Management and therefore “can pose a threat to public health.” Tulley, in response, said I’m Stuck’s products are purchased from Native Americans, contain only cannabis grown in New York state and “haven’t made anyone sick.”
Coordinating previous raids with the Office of Cannabis Management has been the New York State Department of Taxation & Finance, as cannabis businesses can’t willfully fail to collect required taxes or possess untaxed cannabis for sale. Tulley said he pays taxes on the cannabis he purchases for sale, but does not charge customers sales tax because he has no way of remitting the money to the state. There is no sales tax on cannabis purchased at licensed dispensaries, but products are subject to a 13% tax that includes 3% for the municipality and 1% for the county where the dispensary is located.
The state Department of Taxation & Finance did not respond to a request for comment by The Citizen.
Tulley said he is embracing what he believes is an effort by the state to make him a villain. He even dressed as the Joker in a video posted Wednesday on the Weed Warehouse’s Facebook page. But he also believes he’s taking a stand, and looks forward to the “war” over his ability to be in the cannabis business in New York. His hearing with the Office of Cannabis Management is scheduled for July 14.
“By the time I’m said and done, they won’t be able to set foot in nobody’s stores,” he said, noting he’s hired an attorney.
“I refuse to fire 40 employees and send them back to welfare. They can hit us 20 times. Take me away in cuffs, that’s the only way you’re going to stop me.”
Unlicensed cannabis dispensaries in the Auburn area were raided by law enforcement Tuesday and ordered by the state to cease sales.
Lake Life Editor David Wilcox can be reached at (315) 282-2245 or david.wilcox@lee.net. Follow him on Twitter @drwilcox.
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