Judge Rules NYC Cannabis Shop Shutdowns Unconstitutional, Sparking Potential Legal Battles

October 30, 2024
Judge Rules NYC Cannabis Shop Shutdowns Unconstitutional, Sparking Potential Legal Battles
  • If upheld, this decision could lead to numerous lawsuits from businesses claiming loss of revenue and reputation due to wrongful shutdowns.

  • Attorney Lance Lazzaro, representing Cloud Corner, expressed optimism that a higher court will uphold the ruling, arguing that due process is compromised under the current law.

  • The city, led by Mayor Eric Adams, plans to appeal the ruling, which threatens a crackdown that has already closed over 1,200 illegal shops since the state legalized recreational marijuana.

  • This ruling could significantly impact the city's approach to regulating the cannabis market, which has been contentious since legalization in 2021.

  • A Queens judge recently ruled that a New York City law allowing the sheriff to shut down suspected illegal cannabis shops is unconstitutional, citing violations of due process rights for store owners.

  • The ruling stems from a case involving Cloud Corner, which was padlocked after a sheriff's inspection found suspected illegal cannabis sales, despite the owner's claim that the store was closed during the inspection.

  • Judge Kevin Kerrigan criticized the sheriff's authority to keep stores closed after raids, labeling the order as 'arbitrary and capricious' and highlighting a lack of meaningful opportunity for store owners to contest closures.

  • The ruling may halt the city's enforcement initiative, known as Operation Padlock to Protect, which has been praised by Mayor Adams as a success.

  • The operation was authorized by new powers granted in the state budget, allowing local authorities to inspect and close suspected illegal shops while hearings were pending.

  • Cloud Corner's defense was based on the argument that the sheriff's raid occurred outside business hours, thus invalidating claims of illegal sales.

  • Legal experts caution that it is too early to deem Operation Padlock a failure, as the ruling may not apply to all cases of illegal pot shops shut down.

  • Lazzaro has filed a separate class-action lawsuit challenging the legality of the city's enforcement actions on behalf of 27 businesses shut down through Operation Padlock.

Summary based on 13 sources


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