A former barbershop at 206 Kensington Road in Syracuse’s University neighborhood now appears to be selling marijuana, but doesn’t have a license to do so. (Don Cazentre | syracuse.com)
Syracuse.com, N.Y. — A new shop that opened last month in the heart of the residential area near Syracuse University drew immediate attention from neighbors.
It’s also drawing attention to some of the continuing murkiness and frustration in enforcing New York’s legal marijuana laws.
The storefront near the corner of Kensington Road and Lancaster Avenue, which has housed a barber / hair salon in the past, has no name. But there are signs indicating it could be in the business of selling recreational marijuana.
Since New York state has not yet issued licenses to sell marijuana (cannabis containing the psychoactive compound THC), such operations are a violation of the law. The Kensington Road shop is one of perhaps thousands of similar unlicensed sellers that have popped up across the state since possession of marijuana became legal in April 2021.
The shop is operating in what has for the last year-and-half been the illegal “gray market” of selling recreational marijuana. In effect, the shops selling marijuana now are like convenience markets that attempt to sell beer without first getting a state liquor license.
A limited number of licensed retail shops may open by the end of year, according to Gov. Kathy Hochul and the state agency in charge of marijuana licensing and regulation.
One sign on the Kensington Road shop reads “Free Gifts with Appt!,” an apparent reference to the common, but still illegal, practice of “gifting” weed with the purchase of another item. A T-shirt hanging in one window and several inside the door read “Smoke Easy.”
Neighbors report smelling marijuana and watching customers who approach warily and then enter. There are reports of loud music and other noises, especially at night. In email threads among members of area neighborhood groups, residents say they’ve seen few signs of barbers or haircuts being offered.
They do note trash, illegally parked cars and other issues around the property that is physically connected to the Mr. Orange Market convenience store at the corner with Lancaster. They are also concerned because the shop is just down the block from Edward Smith Elementary School.
Neighborhood resident John Auwaerter got some insight into the shop when his son visited it recently.
“Apparently the code to get in is ‘I want a haircut,’ or something like that,” Auwaerter said. “But they don’t seem to conceal what they’re doing.”
A syracuse.com reporter stopped in the shop Tuesday when the lighted green sign was flashing the word “open.” There was an intense aroma of marijuana inside the front door, which led to a waiting area. A man behind a closed door and a glass window, who identified himself as the owner but did not give his name, declined to speak on the record.
But when asked if there were any barbers on duty, the owner smiled and said, “We don’t have any barbers here right now.” Through the glass window, the reporter could see other people in the inner room.
Many of the shops attempt to get around the licensing issue by “gifting” weed. That is, they sell something, often just a sticker, and the buyer gets a “free gift” of marijuana. It’s been going on for more than year, from New York City to Syracuse to Buffalo, even though the state’s new Office of Cannabis Management considers it illegal.
The shop at 206 Kensington Road illustrates the dilemma: The operators appear to believe they are selling a legal product. Neighbors are suspicious and concerned because the business is operating outside of the law.
Illegal marijuana shops in Syracuse
A sign on a former barbershop in Syracuse’s University neighborhood now sells marijuana and advertises “Free Gifts with Appt!” (Don Cazentre | dcazentre@syracuse.com)
Enforcing the law
And local governments, in this case the city of Syracuse, are finding themselves confronting the challenge of how to respond. Syracuse Police Chief Joe Cecile said his department is aware of the shops, and has been exploring options under the state’s new legal marijuana provisions.
In an email to members of the Southeast University Neighborhood Association, which raised concerns about the Kensington Road shop, Cecile wrote: “As you are probably aware these places have become increasingly problematic and difficult to regulate with the new laws. Ultimately the NYS Office of Cannabis Management is the enforcement arm for these types of shops. But we can schedule a visit and see what we can do.”
In the meantime, action on the issue in Syracuse has fallen primarily to the city’s Office of Code Enforcement.
The codes department can cite and if necessary close businesses of any kind if they don’t obtain occupancy permits, fail to abide by zoning requirements or otherwise fail inspections, said Jake Dishaw, the Syracuse director of codes enforcement. He notes the city has used these methods for other illegal operators, like bars, nightclubs or even corner shops that fail to obtain the necessary permits and licenses.
“These cannabis shops that pop up, for the most part, are not the kind of places that pull permits or otherwise comply with the rules,” Dishaw said. “Some people think just because it (marijuana possession) is legal now, they can open a shop and sell it. We can take action against them.”
It’s already happened in a handful locations around the city, Dishaw said. Earlier this year, the code enforcement department shut down an unlicensed shop called The Herbal Center, which started near the corner of James and State streets, then moved over the summer to a location at East Fayette and Walnut streets. The shop, which also bills itself as a clothing retailer, has now moved to LeMoyne Avenue in Mattydale.
“We chased that place out of State and James and then we chased them out of East Fayette and now they’re in Mattydale,” Dishaw said. “At least they’re out of our jurisdiction.”
Illegal marijuana shops in Syracuse
This shop near the corner of East Fayette and Walnut streets in Syracuse sold marijuana without a license this summer. Syracuse codes enforcement shut it down and it has moved to LeMoyne Avenue in Mattydale.
There are also retailers who may be selling legal merchandise, such as non-THC CBD products, but offering marijuana behind the scenes, Dishaw said. “That’s even harder to enforce,” he said.
Dishaw said he understands the Office of Cannabis Management is new, and the rules are regulations for sales are still under review.
“But I’ve been frustrated with what this policy has created for local governments,” he said. “The state put out all these proposals but what that creates is what you’re seeing — all these pop-up illegal establishments, with no help from the state in enforcement. We’re kind of on our own.”
Among the issues still to be resolved with the state is the question of whether the city has the authority to seize products in the shops suspected of being unlicensed marijuana, Dishaw said.
The state cannabis office has not responded to a syracuse.com request for clarification on the unlicensed shops. A bill to increase regulations on the illicit weed business passed the state Senate last summer but did not receive support in the Assembly.
“If you asked me a year ago, I would never have thought code enforcement would be the branch of government dealing with this,” Dishaw said. “But really, we’re the easiest division of the city to do it because we can step in and say, ‘Time out, you can’t do this’ if they don’t have permits and licenses.”
Still, he said, it takes time. The operators are entitled to “due process,” he said. The code inspectors must research the case and give the operator time to respond.
In the case of the Kensington Road shop, the city is aware of the situation and is investigating, Dishaw said. He would not give more details.
Some residents in the area say it should be a priority, especially since the shop is less than a quarter mile from Ed Smith Elementary School at the corner of Lancaster and Broad.
“Our neighborhood around Buckingham-Kensington is becoming very concerned with the Orange (former Lancaster) Market, laundromat, and former salon shop that is now selling pot (illegally),” according to an email thread for SEUNA, the neighborhood group. “Cars are often parked illegally on the street and on the sidewalks. The lot in the back is being used as an abandoned car lot. The whole corner is an eyesore, often with lots of trash. Kids from Ed Smith frequent the Orange Market, which we know sells alcohol and who knows what else, underage.”
H/T: www.syracuse.com
