New York judge rules against law on illegal pot shops
- A New York City judge ruled that a law allowing the city to padlock unlicensed marijuana shops is unconstitutional.
- The ruling stemmed from a case involving a Queens business that was shut down despite an administrative hearing finding no wrongdoing.
- This decision raises due process concerns and may allow closed stores to reopen and pursue damages against the city.
In a recent ruling, a judge in New York City deemed a law permitting the closure of unlicensed marijuana shops unconstitutional. This legal decision emerged from a specific case in Queens where a store was padlocked following a sheriff's inspection that claimed illegal cannabis sales. However, the store's owner contested that the business was closed at the time of the inspection, a point supported by the administrative hearing officer who recommended dismissing the charges. Despite this, the sheriff’s office chose to uphold the closure for a full year, prompting questions about due process and the rights of business owners. Judge Kevin Kerrigan characterized the administrative hearings as ineffective and potentially misleading, stating that if the sheriff holds the ultimate authority over the closure without considering the hearing officer’s recommendations, it undermines any chance for a fair hearing. The ruling could fundamentally shift the city’s approach to handling illegal smoke shops, of which more than 1,200 have reportedly been closed since their legalization. The administration, under Mayor Eric Adams, has quickly announced plans to appeal the decision, emphasizing the dangers posed by illegal shops to public safety and community welfare. Legal experts like attorney Lance Lazzaro suggest that the ruling may empower previously closed establishments to reopen and seek damages for lost revenue and reputational harm. In light of these developments, the city may face significant financial implications depending on the outcomes of forthcoming legal actions and appeals.