A New York City law used to padlock suspected illegal pot shops is ruled unconstitutional
A New York City judge has ruled that a law the city has relied on to padlock suspected unlicensed marijuana shops is unconstitutional
A law that New York City has relied on to padlock scores of suspected unlicensed marijuana shops is unconstitutional because it violates the rights of store owners, a judge ruled Tuesday.
Mayor Eric Adams' administration moved immediately to appeal, saying the city had successfully shut down more than 1,200 illegal shops in a crackdown on the thousands of stores that opened without a license after the state legalized recreational use of the drug.
The ruling was made in the case of a Queens business padlocked in September following an inspection by the sheriff's office that found suspected cannabis and cannabis products for sale without a license.
New powers passed in the state budget earlier this year gave local authorities the ability to inspect and immediately shut down suspected illegal stores while administrative hearings play out. But the final decision remains with the sheriff’s office, meaning it can keep a store closed even if a hearing officer recommends otherwise.
That's what happened in the Queens case — and in many others, attorneys for the businesses say, leading Judge Kevin Kerrigan in his ruling Tuesday to characterize the administrative hearings as “useless, or even a potential farce.”
“Indeed, if the final arbiter has the authority to confer no weight to the hearing, there is no real meaningful ‘opportunity to be heard,’ which vastly increases the risk of erroneous deprivation and raises a due process concern," he wrote.
Adams' spokesperson, Liz Garcia, said the city's law department had filed a notice of appeal.
“Illegal smoke shops and their dangerous products
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