Queens judge rules against NYC's cannabis shop crackdown in October 2024
- A judge in Queens ruled that the city's shutdown of an unlicensed cannabis shop violated due process.
- This ruling raises serious concerns regarding the Mayor's crackdown program, which has closed approximately 1,000 stores.
- The decision has implications for other shut down stores, allowing them to potentially reopen and seek damages.
In a significant ruling, a state supreme court judge in Queens has determined that the city of New York's approach to closing down unlicensed cannabis shops was unconstitutional. This decision stems from a case regarding a shop located on Francis Lewis Boulevard, which was closed under the city's operation aimed at curbing illegal cannabis sales. The judge found that the business was denied due process, as the program allowed law enforcement to keep stores closed for extended periods without proper legal justification. This ruling casts doubt on Mayor Eric Adams' enforcement program known as Operation Padlock to Protect, initiated in May 2023, which has targeted around 1,000 shops accused of operating without licenses. The judge's decision underscores a critical gap in the legal framework supporting the crackdown. An attorney representing the plaintiff has expressed confidence that the ruling will be upheld in appellate court, suggesting a broader legal challenge to the shutdowns. The city's plan to combat illegal cannabis shops will continue, as the mayor's office has announced intentions to appeal the decision on the basis of public safety and the protection of young New Yorkers. However, the court's ruling allows shut down stores the opportunity to reopen immediately and seek compensation for losses incurred during their closure. These developments highlight ongoing tensions surrounding the legalization of cannabis in New York and raise questions about balancing public safety with the rights of businesses. This ruling could mark a pivotal moment in the city's enforcement strategy regarding cannabis regulations.