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The illegal, unregulated sale of cannabis that competes with licensed dispensaries and lacks safety testing.
The illicit market (also called the black market or unregulated market) refers to cannabis production and sales that occur outside the licensed, regulated system. Despite legalization in many jurisdictions, the illicit market continues to represent a significant portion of total cannabis sales, competing with licensed dispensaries on price and accessibility.
Several factors sustain the illicit cannabis market. High taxes on legal cannabis push prices well above unregulated competitors. Licensing restrictions limit the number of legal retail locations, leaving consumers in some areas without convenient legal access. Price-sensitive consumers, particularly heavy users, may find the cost savings of illicit cannabis compelling. In states where cannabis remains fully illegal, the illicit market is the only option. Additionally, established illicit supply chains and distribution networks did not disappear when legalization arrived.
Illicit cannabis carries significant risks that legal products do not. Products are not tested for pesticides, heavy metals, mold, or residual solvents. Potency is not verified, leading to inconsistent dosing. Vape cartridges from the illicit market have been linked to serious lung injuries (the EVALI crisis of 2019 was largely traced to illicit vape products containing vitamin E acetate). There is no recourse for contaminated or mislabeled products. Supporting the illicit market also perpetuates the same criminal networks that prohibition enforcement was designed to disrupt.