Buzz
Although cannabis is legalized in over 40 states, the term 'legal' is subjective, as federal legalization remains absent in our increasingly cannabis-friendly nation.
In practical terms, this means that instead of a unified national market, each legal state creates its own regulations on cannabis sales and who it can be sold to, while contending with the unregulated gray market. Cities like New York are grappling with the rise of unofficial cannabis shops, and aside from reigniting the war on drugs, it’s tough to figure out a solution.
If you’re consuming cannabis, whether by eating, smoking, or vaping, it’s crucial to ensure it hasn’t been compromised. Although occasional recalls may occur in the licensed recreational and medical markets, their products are generally deemed safe, as both state authorities and consumers trust them.
Why should you shop legally?
While legal cannabis from a licensed dispensary may cost more than what’s available from that guy on Telegram, it provides peace of mind. Products from other sources don’t have the same chain of custody or documentation, and they aren't subject to the same testing protocols mandated by many states. Some people still trust their long-time dealers, but the new gray market operates more like mainstream capitalism—think “smoke shops” selling dubious vapes with uncertain contents—compared to the past, when trust and mutual involvement in illegal activity defined the relationship.
Though some of this semi-legal cannabis may be perfectly safe to consume, if you are a medical user, part of a sensitive group, or simply cautious, you don't want anything added to your product—for a variety of safety reasons.
Here are some tips to ensure your cannabis provider is legitimate, whether you're buying in person or online.
Look for state logos and licenses (and compare the packaging to the real deal)
When searching for a shop, the terms you use can make all the difference. Using “medical dispensaries” should help narrow your search to more strictly regulated medical shops, assuming you're in a state with a medical program and have a card. Searching for “recreational dispensary” could lead to additional results, as some gray market shops may use this language to appear legal (but non-medical).
Licensed, authorized shops will ask for your details and scan your ID, not just glance at it. While some unlicensed shops may check that you're 21 and offer loyalty programs or even collect taxes, there’s little recourse if their products cause harm, unlike businesses with state oversight.
Many legal dispensaries want to differentiate themselves from the gray market, so they’ll prominently display logos, documentation, and language that confirm their licensed status. For instance, in New York, shops show a state logo along with a QR code you can scan to verify their credentials. In California, you can easily look up licensed dispensaries in a public database. Also, check the packaging carefully. If a product has a brand name, search for it to see if it's from a reputable grower. If it is, research the strain name and any numerical identifiers, including packaging dates (which are generally required by law). Counterfeit packaging exists, but you can often spot the differences—spelling errors are a common giveaway.
Do your research
Go ahead and google “cannabis shop”—it won’t show up on your permanent record. However, you'll be surprised by the varying results you’ll encounter. Since the Farm Bill passed in 2018, synthetic cannabinoids have become more prevalent in both online and physical stores. It can be challenging for the average consumer to distinguish between cannabis-derived, hemp-derived, and synthetic products, and many aren't aware why this difference matters.
Federal loopholes are the reason behind all this chaos. People discovered that THC can be synthesized from hemp cannabinoids, which are legally cultivated in most states (thanks to the Farm Bill!). However, this has led to confusion, especially for new users who may not know exactly what they’re purchasing. Even though both cannabis and hemp naturally contain THC, their legal statuses differ, resulting in an odd rush to create 'compliant' cannabinoid products. Unfortunately, it’s your responsibility as a consumer to research before buying. Make sure to Google the product name, read the fine print on the label, and understand the distinctions between delta-8, delta-9, and THC-O.
Trustworthy online outlets are secure; others may not be
It’s likely not wise to buy cannabinoid products from just any national online store unless you've researched them, especially if you are okay with hemp cannabinoids and synthetic alternatives.
Hemp is legal for sale federally, but cannabis is not, which means anyone trying to sell you 'cannabis' across state lines via the internet is either breaking laws or selling hemp or synthetic products disguised as cannabis. Licensed online stores can sell cannabis in states where it's legal, but they never operate across state lines.
Cannabis review sites like Weedmaps and Leafly sometimes rank results based on business partnerships, but they no longer actively promote illegal dispensaries. Be sure to check reviews for any shop you're considering, paying attention to comments about scams and additional fees— the Better Business Bureau has noted an increase in dispensary-related scams. (This issue is largely due to the lack of secure banking for many cannabis businesses.)
In states where cannabis is legal, licensed online dispensaries allow you to place an order and get it delivered, often the same day. However, if they can't fulfill your order, they won’t process it, which helps avoid confusion.
This situation could have been prevented
Some critics argue that illegal dispensaries are undermining the legal cannabis market, and places like New York are struggling. But, when the cannabis comes from regulated producers, it’s likely safe.
In California and Oregon, illegal cannabis sales continue to thrive at retail outlets, and more significantly, they are feeding into the larger national market as wholesalers. Even licensed sellers face allegations of secretly diverting licensed products to other states, as seen in a recent court case.
California is one of the top cannabis-producing regions, with its products available in shops nationwide. However, since interstate commerce remains illegal, these products often reach their destinations through unofficial means.
Although it's important to recognize the efforts of legal cannabis growers in places like New York who are striving to meet market demand, it’s strange to think we’re growing our own when even farmers from areas with rich farming traditions (and long growing seasons) are facing challenges selling their crops legally. While the gray market fills the gap, law-abiding legal businesses are still excluded from participating.
Rather than navigating a confusing web of inconsistent supply and loopholes that have allowed a synthetic cannabinoid market to thrive, purchasing cannabis should be straightforward and secure. This gray zone opens the door to scams and low-quality or contaminated products. It’s time for federal authorities to legitimize both growers and sellers, and implement quality control measures like those used for other agricultural goods—maybe it’s time to contact your lawmakers about it.
