New York Laws on Marijuana For Sale

In recent months, scores of weed for sale bodegas have opened across the city, selling pre-rolled joints and other products that tout cannabis’ psychoactive ingredient THC. But these illegal shops pose a threat to the city’s ambitions to launch a tax-generating industry of mom-and-pop stores run by people impacted by past marijuana arrests.

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In New York, Mayor Eric Adams and Manhattan DA Alvin Bragg announced that illegal shops will be evicted from their landlords if they continue to operate. And since last December, the city has sent out cease-and-desist letters to operators of illicit pot stores.

Legal weed is sold at dispensaries, which are licensed by the state. They are required to pay taxes based on the amount of tetrahydrocannabinol, or THC, in their product.

It takes a lot of money and expertise to run a successful pot business. In addition to licensing fees, dispensaries must also pay a business and occupation (B&O) tax on their gross receipts and retail sales tax on their sales of marijuana-related products.

While marijuana is still legal in New York, employers should enforce workplace policies that prohibit impairment or denial of work due to impaired performance, according to the Department of Labor’s Fact Sheet on Employer-Provided Marijuana Policy.

There’s no federal prohibition on consuming weed in your vehicle, but it is illegal to drive with a marijuana-infused product in your possession or use the car as a means of transporting it. To avoid penalties, consult your employer’s policy or the Department of Transportation’s Fact Sheet on Driver-Related Marijuana Regulation and Enforcement.

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