New York Supreme Court Judge Rules Warrantless Raids on Unlicensed Cannabis Sellers Illegal

A New York Supreme Court Judge on Monday ruled that warrantless raids on unlicensed cannabis shops by the New York City Sheriff’s Office and Office of Cannabis Management (OCM) must cease and that violation notices affixed to the shops by OCM and law enforcement must be removed.

Plaintiffs in the case include Super Smoke n Save LLC, in Saratoga Springs; Two Strains Cannabis Co. LLC, in Queensbury; Brecken Gold Athletics NYC LLC, in Manhattan; and Breckenridge Café NYC LLC, and 7 Leaf Clover, both in Brooklyn.

In the Decision and Order, Justice Thomas Marcelle said the agency and law enforcement officials carrying out the raids acted outside their authority and that inspections of businesses suspected of selling cannabis without a license can be conducted by “only OCM.” Marcelle noted that “OCM inspectors are trained on the statutory, scientific, and administrative distinction between hemp and marijuana” while “sheriff deputies are not.”

“In sum, how respondents conducted their enforcement activities against petitioners was a far cry from an administrative inspective seeking to cull evidence of regulatory violations. The court often hears cases, like those from agriculture and markets, involving state inspectors inspecting businesses – there, regulators come armed with clipboards, forms and pens, and not guns, bulletproof vests and handcuffs.” — Marcelle in the Decision and Order, 1/13/25

Marcelle also wrote that the decision by the Sheriff’s Office to destroy product upon seizing was shocking, noting that OCM never performed testing to confirm the products were unlawful cannabis products and not hemp-derived, and therefore legal under state and federal law.

“This willful ignorance as to the nature of the products exposes a search that is not administrative in nature,” Marcelle wrote.

The judge ruled the sheriff’s raids violated the businesses’ Fourth Amendment Rights.

“The Supreme Court has told governments that seek to conduct warrantless searches that they must place statutory limits on the administrative agents who seek out contraband without a warrant – this has not been done,” Marcelle wrote in the order. “The court, therefore, believes it highly probable that petitioners will succeed on the merits of their claim that OCM violated their rights secured by the Fourth Amendment.”