County health inspectors visiting shops that might sell synthetic weed to enforce new statewide ban
County health officials are visiting some local retail stores today to see if they are selling so-called synthetic marijuana, and if they are, notifying the owners that the substances are now banned in New York.
Earlier this week, the NYS health commissioner issued an order prohibiting products that fall under the umbrella heading of “synthetic cannabinoids” — products that are sold as “incense” and not for human consumption but are often smoked as a substitute for pot -- from being sold in the state.
There have been numerous reports throughout the state of health-related issues arising from use of these products.
The ban does not make sale or possession a criminal violation, but merchants can be fined by the state for the sale of products covered by the ban, even if they claim they’re not selling them for human consumption.
David Whitcroft, interim public health director, said if environmental health inspectors find a local business selling a banned substance — which includes from a previous state ban synthetic meth, known as bath salts — the owner will be served with the commissioner's order, given an affidavit of service and the merchant will be required to cease selling the products or face the possibility of fines.
If actual enforcement of the ban is necessary, it will be handled by state health officials, not the county department, Whitcroft said.
Any merchant served with an order has 15 days to challenge it and present proof that the products being sold are not a public health danger.
The state provided county health departments with a list of suggested retail outlets to check for sale of synthetic marijuana, including convenience stores, gas stations, "head shops" and tattoo parlors.
The department also welcomes tips from local residents about the sale and distribution in the county of synthetic marijuana and bath salts by calling 344-2580, ext. 5001.
Whitcroft said health inspectors will visit every possible location in the county where such products might be sold, except on the Tonawanda Indian Reservation, which is under federal jurisdiction on this matter.
Four shops on the reservation were raided by local and federal law enforcement Feb. 23 and products such as K2 and Spice were reportedly seized, but no arrests have been announced by federal authorities.
There is legislation pending that would make the banned products illegal to sell or possess in New York.
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