New York Judge Says NYC Crackdown on Unlicensed Cannabis Shops Is Unconstitutional

A judge in Queens ruled Tuesday that the New York City law enabling local law enforcement to crack down on unlicensed cannabis sales, dubbed Operation Padlock to Protect, is unconstitutional, according to Green Market Report.

In his opinion on the ruling, Queens County Superior Court Justice Kevin J. Kerrigan wrote that when police forcedly closed the Queens-based retailer Cloud Corner, they had violated the shop owner’s right to due process. Specifically, Kerrigan said that New York City Sheriff Anthony Miranda’s decision to ignore an official recommendation against the shop’s permanent closure — stemming from the fact that Cloud Corner had not been open for business when police conducted their raid on the shop — was a “clear violation of due process under the law.”

“The Court acknowledges that the unlicensed sale of cannabis within the City of New York represents an enormous public health concern. This decision should not be interpreted to condone such unlicensed activity. However, summarily shuttering a business for one year, despite the fact that it was exonerated from allegations of illegal activity stands against the cornerstone of American democracy and procedural due process.” — Kerrigan, in the opinion

A spokesperson for Mayor Eric Adams’ (D) office said

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Bud Digest

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