New York Judge Says NYC Crackdown on Unlicensed Cannabis Shops Is Unconstitutional

A judge in Queens ruled Tuesday that the New York City law enabling local law enforcement to crack down on unlicensed cannabis sales, dubbed Operation Padlock to Protect, is unconstitutional, according to Green Market Report.

In his opinion on the ruling, Queens County Superior Court Justice Kevin J. Kerrigan wrote that when police forcedly closed the Queens-based retailer Cloud Corner, they had violated the shop owner’s right to due process. Specifically, Kerrigan said that New York City Sheriff Anthony Miranda’s decision to ignore an official recommendation against the shop’s permanent closure — stemming from the fact that Cloud Corner had not been open for business when police conducted their raid on the shop — was a “clear violation of due process under the law.”

“The Court acknowledges that the unlicensed sale of cannabis within the City of New York represents an enormous public health concern. This decision should not be interpreted to condone such unlicensed activity. However, summarily shuttering a business for one year, despite the fact that it was exonerated from allegations of illegal activity stands against the cornerstone of American democracy and procedural due process.” — Kerrigan, in the opinion

A spokesperson for Mayor Eric Adams’ (D) office said in a statement that the city plans to appeal the ruling, and that “Illegal smoke shops and their dangerous products endanger young New Yorkers and our quality of life, and we continue to padlock illicit storefronts and protect communities from the health and safety dangers posed by illegal operators.” Operation Padlock to Protect was announced by the mayor in May and the resulting raids have shuttered over 1,200 shops, the spokesperson said.

Meanwhile, the plaintiff’s attorney, Lance Lazzaro, said in the report that the ruling could allow any shop affected by the crackdown to immediately reopen and sue the city for damages related to the forced closures.

At the state level, Gov. Kathy Hochul (D) has stepped up enforcement this year against unlicensed cannabis retailers as part of an effort to help grow New York’s legal, adult-use cannabis market.