New York City’s Efforts to Crack Down on Unlicensed Cannabis Shops Deemed Unconstitutional
A recent ruling by a state supreme court judge in Queens has dealt a significant blow to the city’s efforts to shut down unlicensed cannabis shops. The judge declared that the city’s Operation Padlock to Protect, which has resulted in the closure of over 1,000 stores without licenses, is unconstitutional.
The ruling was made in a case involving a cannabis shop on Francis Lewis Boulevard in Queens that was shut down by the city. The judge found that the shop was denied due process and that the program allowing the sheriff to decide whether to keep the store closed for up to a year was unconstitutional.
As a result of the ruling, the attorney for the plaintiff claims that every store that has been shut down will be allowed to reopen immediately and sue for damages associated with the closure. The city’s mayor, Eric Adams, has vowed to appeal the decision, citing concerns about the impact of illegal cannabis shops on young New Yorkers and quality of life.
This is not the first time a judge has ruled against the city’s efforts to crack down on unlicensed cannabis shops. In August, a judge allowed a Bayside bodega accused of selling cannabis to reopen.
Operation Padlock to Protect was launched in May after state lawmakers passed legislation aimed at addressing the issue of unlicensed cannabis shops. Despite the city’s efforts, the ruling suggests that the program may be unconstitutional and could be subject to further legal challenges.
