NY Judge Rules In Favor Of Shuttered Illicit Cannabis Shop On Procedural Grounds, Calling Into Question Mayor Adams’ Enforcement Policy
A state judge has ordered the reopening of a New York City convenience store accused of selling cannabis illegally. The decision could have far-reaching implications for NYC’s cannabis enforcement efforts, reported The New York Times.
Justice Kevin J. Kerrigan ruled that city officials improperly closed a convenience store in Queens, saying that the city’s actions violated due process because the summons was improperly served and the closure recommendation was based on an unfounded assessment of illegal activity.
The overall outcome could have broader consequences, as it challenges the city’s aggressive approach of shutting down unlicensed cannabis sellers, a key initiative of Mayor Eric Adams‘ so-called “Operation Padlock to Protect,” a sustained multi-agency enforcement effort to shut down illegal smoke and cannabis shops across the Big Apple’s five boroughs.
The Ruling
The judge emphasized that the “de minimis” standard, which requires proof that the unlicensed activity was more than minimal, was not properly …