Seven Illegal Pot Stores In 4 Counties Shut Down

Albany, N.Y. - New York has shut down seven unlicensed pot shops in Cayuga, Monroe, Oswego, and Wayne counties:

Attorney General Letitia James says the seven unlicensed pot dispensaries were also caught selling to underage kids.

David Tulley, who owns the illegal chain, “I’m Stuck,” ignored repeated notices to stop selling, processing and packaging cannabis product according to James.

James says the state is also looking into charging the seven building owners for allowing an unlawful business to operate on their properties. Tulley could be fined millions of dollars.

Below is the argument against David Tulley:

David Tulley owns and operates eight retail cannabis stores in Cayuga, Monroe, Oswego, and Wayne counties and has been selling cannabis without a license since at least early 2022, before OCM began issuing licenses. Tulley’s stores that were shut down today are in Auburn, Lyons, Macedon, Ontario, Pulaski, and Williamson, and were shut down with the assistance and support of the New York State Police.  

In February 2022, OCM sent a cease and desist letter to Tulley to stop operating without a license, but Tulley continued to operate his cannabis stores. The OCM also issued notices of violations to Tulley’s stores.

In emails to OCM, Tulley misleadingly described his stores as a “consulting” business that informs customers about the effects of cannabis, and in return, customers receive free cannabis products. However, undercover OAG investigators visited six “I’m Stuck” locations owned by Tulley and were able to purchase $1,000 worth of cannabis products. During the undercover operations, OAG investigators observed that multiple “I’m Stuck” stores made sales to individuals under the age of 21.

In April 2023, Tulley’s stores advertised an Easter egg hunt in Cayuga, Monroe, Wayne, Onondaga, and Yates counties, where Easter eggs were scattered around public places and could be redeemed for prizes, including cannabis products and children’s toys. A Facebook page offered hints that the Easter eggs can be found in various places, including playgrounds, trails, and churches. An OAG investigator collected numerous Easter eggs and redeemed cannabis flower, edibles, cannabis seeds, and other products at the “I’m Stuck” store in Macedon, New York.

In May 2023, an undercover OAG investigator was accompanied by an underage undercover at the “I’m Stuck” store in Auburn, New York. Despite not showing an ID, the store clerk showed the underage undercover various cannabis options. The clerk sold the products to the undercover investigator and handed them to the underage undercover at checkout. At the “I’m Stuck” location in Ontario, an undercover OAG investigator was able to purchase $200 worth of cannabis products for an underage undercover. New York Cannabis Law prohibits access to cannabis for anyone under the age of 21.

In late June and early July 2023, inspections conducted by OCM seized more than 47 pounds of cannabis flower, 244 pounds of cannabis edibles, and 89 pounds of cannabis concentrate. Following issuance of an order to cease unlicensed activity at seven of these locations, David Tulley declared that he would defy OCM’s orders and remain open for business. After verifying continued unlawful activity, OCM requested assistance from the Attorney General to file this action to permanently close the location.

On a number of occasions, undercover OAG investigators asked store clerks if taxes were included in the price of the products they were purchasing and each time clerks informed them that taxes were not included.

This petition seeks to immediately shut down Tulley’s stores and stop his companies from distributing, delivering, and dispensing cannabis products in New York. In addition, the petition seeks to require Tulley and his companies to pay penalties for violating New York’s Cannabis Law. The Cannabis Law imposes a $10,000 penalty for each day in which an individual sells cannabis without a license, and a $20,000 penalty for each day an individual continues to sell cannabis after receiving an order to cease operating from OCM.

In addition, the petition seeks civil penalties from seven building owners where Tulley’s stores are located for permitting an unlawful business to operate within their properties. Under the Cannabis Law, building owners can be fined a penalty of $10,000 per day for allowing the unlicensed sale of cannabis at their property.