Oneida County Executive Anthony Picente introduced two new local laws Thursday aimed to crack down on unlicensed cannabis sales and regulate the retail of tobacco and nicotine smoking paraphernalia. 

One law would enable the county to conduct regulatory inspections of unlicensed cannabis retailers, issue violation notices, impose fines and penalties, seize illicit cannabis and issue orders to shut down unlicensed cannabis businesses.

Fines and penalties for the unlawful sale of cannabis would be $2,500 each day for a first violation, $5,000 each day for a second violation and $10,000 each day for a third or subsequent violation, with a maximum penalty of $25,000 per each unique instance of violation, Picente said.

There are currently only two cannabis shops licensed by the state in Oneida County, not including any cannabis businesses operated by the Oneida Indian Nation.

“It is estimated that there are more than 1,000 illicit cannabis shops doing business in New York state,” Picente said in a statement. “These illegal, unregulated shops pose a public health, safety and welfare risk and are not paying the required taxes or fees. We must eliminate them.”

Under the Smoking Paraphernalia Retail Control Act any retailer selling pipes, waterpipes, hookahs, rolling papers, leaf (such as tendu leaves), electronic pipes, electronic cigarettes and electronic tank-devices, or any other device designed for the inhalation of tobacco or nicotine will be required to obtain a license from the Oneida County Health Department. The license fee is $2,500 and must be renewed every two years. Separate licenses will be required per location and retailers must be 1,000 feet or farther from any school, park, daycare or playground. They must also be spaced more than a quarter-mile from any other smoking paraphernalia retailer.

Retailers selling such products without a license, selling them to a person under the age of 21 or employing a minor to sell smoking paraphernalia would be subject to civil penalties of up to $500 per day, Picente said. The county Health Department would conduct inspections to ensure compliance.

“The use of tobacco and nicotine is one of the greatest public health threats of our time, as it is linked to 13 types of cancer and 25 chronic diseases” Picente said in a statement. “While the use of cigarettes has fallen, the use of vapes and waterpipes has skyrocketed, particularly among young people. Studies show that smoke shops increase the use of tobacco and nicotine products, especially when they are located near schools. Cracking down on this access will go a long way to protecting our children.”

Picente’s proposed laws will be presented to the Oneida County Board of Legislators on Oct. 9. If passed, it would take effect 180 days after its filing with the state secretary of state.

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