Illegal ‘Cannabus’? NY Men Charged With Operating Unlicensed Pot Dispensary Out of Bus

Two men are facing charges for allegedly operating an illegal marijuana dispensary from a converted school bus across from the Rockaway Ferry Dock in Queens, local prosecutors said.

Omar Herrera, 32, and David Reilly, 47, of Rockaway Park, were charged on a 57-count complaint charging them with criminal sale of cannabis in the second and third degrees, criminal possession of cannabis in the third degree, unlawful sale of cannabis, and unlawful possession of cannabis.

Herrera and Reilly allegedly ran their business, Beach Boyz Budz, seven days a week, from 9 a.m. to 9 p.m., while parked across from the Rockaway Ferry dock—less than two blocks from two neighborhood schools—in order to bring in business from passengers getting on and off the Rockaway Ferry.

Currently, legal cannabis sales in New York are only available to patients at 38 state-authorized medical dispensaries. Herrera and Reilly’s business was conducted without the required authorization, the complaint said.

During an investigation by District Attorney Melinda Katz’s office in collaboration with the New York City Sheriff’s Office, undercover purchases included more than a 2.5 pounds of cannabis plant, more than 40 pre-rolled cannabis cigarettes and cigars, nine THC vaporizer “pens,” cannabis edible gummy candies, and raw concentrated cannabis oil.

On Wednesday, the Queens District Attorney’s Detective Bureau and the New York City Sherriff’s Office, executed a search warrant of the dispensary eventually recovering:

• Over one pound of cannabis plant;
• About 274 pre-rolled cannabis cigarettes and cigars of an aggregate weight of more than three ounces;
• 29 cannabis vaporizer “pens;”
• Ten 1,000 milligram bottles containing cannabis syrup;
• Two jars of cannabis crumble;
• 49 bags of assorted cannabis edible gummy candies and cookies.

According to the district attorney’s office, the investigation was triggered by complaints about the illegal sales from members of the local community and growing health concerns about contaminants in illicit cannabis products, prosecutors said, with Katz saying that a recent investigative report issued by the New York Medical Cannabis Industry Association, which represents licensed dispensaries, revealed the presence of e. coli, lead, salmonella and other contaminants in pop-up and illegal dispensary products throughout the state.

“Stores, trucks and other outlets currently selling recreational marijuana are doing so illegally,” Katz said. “What consumers are buying from these sellers is not regulated and most certainly has not been tested by the state. Private testing has found that the cannabis products sold through these illegal operations often contain harmful contaminants. And the illegal dealers are undercutting the legal sellers before they are even able to get started, translating into lost tax revenue and lost funding for essential public services.”

Queens District Attorney’s Office

“The Sheriff’s Office will continue to work collaboratively with all of our law enforcement partners to address this public safety crisis in order to protect all New Yorkers,” New York City Sheriff Anthony Miranda said. “While the city has an obligation to support legal dispensaries, many stores in each borough continue to break the law by selling unregulated products which are dangerous and often marketed to children. We will continue to work with our partners to take enforcement actions against those who sell this contraband and evade taxes. The Sheriff’s Office thanks Queens District Attorney Katz and her staff for their diligent work on this joint investigation and we will continue to partner with her office to address these public safety issues.”

Attorney information for the Herrera and Reilly was not immediately known.