The Risks of the Gray Market in New York's Cannabis Industry

As New Yorkers patiently await the launch and operation of the adult cannabis market, the grey market is thriving. Initially, these pop-up shops and cannabis-infused food items appeared to make everything more convenient. They offered products from all over the country and many well-known brands, but do consumers really know if these products are authentic or if the cannabis is safe? The answer is certainly not.

According to the United States, just a few years ago this country experienced an electronic cigarette crisis where over 2,000 Americans were hospitalized due to lung-related illnesses linked to electronic smoking devices, and 60 people died as a result.

Investigators from the Centers for Disease Control and Prevention have found that the cause of the crisis is related to illegal products containing acetic acid and vitamin E.

The vast majority of products that have caused the electronic cigarette-related lung injury (EVALI) crisis were acquired on the street and contain additives. Unscrupulous individuals are using Vitamin E acetate to dilute tetrahydrocannabinol in e-cigarette cartridges, all for increased profit. So why aren't regulatory agencies taking more action to protect their fellow New Yorkers from potential serious health risks? Simply put, it's a thriving grey market.

Since the legalization of marijuana in New York in April 2021, the gray market has been allowed to thrive. Prior to the regulation, operators were not concerned about police possibly breaking down their doors and had unofficial licenses to sell whatever they wanted. A few months ago, these operators received cease and desist letters, warning them that if they didn't stop, they would be ineligible for official licenses.

However, members of the State Cannabis Management Office appear to be unaware that not everything is about money - what about the safety of consumers?

Electronic cigarettes are like all other products in the grey market - there is no knowledge about the ingredients in the pods, let alone any understanding of how the oil interacts with the various materials in the vaporizer, which turns the product into vapor that consumers inhale into their lungs.

Consumers cannot rely on the gray market to obtain these details. They need to be able to have a conversation with knowledgeable and reputable legitimate pharmacies that can provide them with the ingredients to make their own preferred extracts.

Consumers need to know which materials can leach out bisphenol A (BPA) and other products at higher temperatures, as well as whether their extracts are more alkaline or acidic. These factors could pose serious health risks for patients and consumers.

Another serious issue is the possibility of lead pollution. Traditionally, a material called H59 brass alloy, which contains slightly over 2% lead, has been used.

Manufacturers now claim that they are using a "lead-free" product, but this is another misconception. They mainly use a brass alloy called H59-B1 or B2, which contains only 0.5% lead but can still be leached out.

Any additional surface treatment on these materials, such as gold or black plating, may also contain lead.

Patients and consumers need to be aware of the risks associated with the products they are inhaling.

Many adults have accepted unbranded hardware as the norm in the medical market, and many no longer consider whether the product packaging clearly labels the contents.

New York regulatory agencies are being praised for their revolutionary approach towards establishing a fair and equitable cannabis market, and they should not be relegated to a secondary position within the Department of Homeland Security.

It's time to allow New Yorkers to rely on regulatory bodies to prioritize safety and to recognize that the gray market is simply a more appealing term for an illegal market. If action is not taken soon, they will ultimately face greater health issues rather than just law enforcement issues.

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