Judge Rules NYC Law Closing Thousands Of Cannabis Shops Is Unconstitutional, Opening Door To Major Lawsuits
A Queens judge ruled Tuesday afternoon that the state law, which had allowed New York City to padlock hundreds of suspected illicit cannabis shops, is unconstitutional.
Judge Kevin J. Kerrigan ruled that the mandate, which grants the City Sheriff’s Office authority to keep illicit cannabis sellers shuttered after they’ve been raided, violates the store owners’ rights to due process.
“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’s decision reads.
NYC used the provision to back its aggressive enforcement under Mayor Eric Adams‘ much-lauded “Operation Padlock to Protect,” which was given the green light by Gov. Kathy Hochul. The program gave Adams’ task force comprised of the NYPD, Sheriff’s Office and the Department …