A new study, led by researchers at Columbia University, suggests it is easy for youths to purchase cannabis from unlicensed dispensaries in New York City, despite state laws that bar access to recreational cannabis to those under age 21. 

“Regulation to restrict access in this age group is based on evidence that cannabis affects working memory, brain development, and increases addiction risk when used at an early age,” says Ryan Sultán , an assistant professor of clinical psychiatry at Columbia University Vagelos College of Physicians and Surgeons who studies cannabis use and senior author of the study. “High-potency cannabis, which is much more prevalent today, has also been linked to adverse effects on physical and mental health in adolescents.”

New York State legalized recreational marijuana use in 2021 after establishing a medical marijuana program in 2014. The first licensed recreational cannabis outlets opened in late 2022. Licensed retailers are required to verify that customers are age 21 or over.

“Overnight, the city went from having a few medical marijuana dispensaries to having a bunch of dispensaries that may or may not have been licensed,” Sultán says. “But what happens when you deregulate cannabis without a plan to prevent kids from having easy access?” 

Secret shopper finds easy access for kids

To find out, the researchers used Google Maps to create a directory of 840 cannabis outlets—including licensed medical marijuana dispensaries, licensed recreational marijuana dispensaries, unlicensed dispensaries, and smoke shops—across the five boroughs. Of these, 19 were licensed to sell cannabis products.

The team sent one of their research assistants, age 22, posing as an underage cannabis consumer, to visit a random selection of 37 stores in the directory to find out if age-verification, youth-oriented marketing strategies, and information about product quality differed by the type of retail outlet. The research assistant attempted to purchase cannabis at five licensed medical dispensaries, seven licensed recreational dispensaries, 10 unlicensed dispensaries, and 15 smoke shops (four of which denied selling cannabis products and were removed from the analysis).

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The shopping trips revealed that unlicensed shops often engage in practices that can increase youth access to cannabis: They infrequently verified age, sold cheaper products, and used youth-friendly marketing practices.

All licensed dispensaries verified the customer’s age with a photo ID before permitting store entry, compared with 10% of unlicensed outlets. 

“We also found that less than half of the unlicensed outlets verified age anywhere along the purchase journey, and most of these outlets also sold nicotine products, energy drinks, soda, and candy and used cartoon signage,” says Timothy Becker, a postdoctoral fellow in the Department of Psychiatry at Columbia and co-author of the study. 

Licensed cannabis retailers were also more likely to adhere to a New York state regulation that requires them to post certificates of analysis describing the potency and quality of their cannabis products. Certificates of analysis were displayed more often at licensed dispensaries and at all licensed recreational dispensaries, though the potency of cannabis products were similar among all retail types.

“Though our findings may not be generalizable to other cities, they show that legalization of recreational cannabis creates a space for young people to purchase cannabis, creating the potential for harm as regulation struggles to keep up,” Sultán says.