Judge’s ruling: New York Mayor Adams at risk for illegal cannabis possession

A state judge has ordered the reopening of a New York City grocery store accused of illegally selling cannabis. The decision could have far-reaching implications for New York City’s efforts to enforce cannabis laws, the New York Times reported.

justice Kevin J. Kerrigan ruled that city officials had unlawfully closed a Queens supermarket, arguing that the city’s actions violated due process because the subpoena was not properly served and the closure recommendation was based on an unsubstantiated assessment of illegal activity.

The overall outcome could have broader consequences as it calls into question the city’s aggressive approach to shutting down unlicensed cannabis sellers, a key initiative of the mayor Eric Adams‘ the so-called “Operation Padlock to Protect,” a sustained, multi-agency enforcement effort to shut down illegal smoke and cannabis shops in the Big Apple’s five boroughs.

The verdict

The judge emphasized that the “de minimis” standard, which requires proof that the unlicensed activity was more than minimal, was not properly applied. As a result, he lifted the closure order and ordered the Queens store to reopen.

“This process resulted in the closure of Plaintiff’s business despite the fact that there was no evidence on record of any illegal activity, which is a clear violation of due process,” the filing states.

The city has already appealed the ruling.

Read more: Burglary call leads NYPD to bust $5 million illegal cannabis operation in Queens

The case

The case centers on a business at 35-12 Bell Boulevard that was shuttered by the city’s sheriff’s office after it was accused of selling cannabis without a license. The enforcement action was based on a citation issued during an inspection in June, but the citation was later dismissed on procedural grounds because the city could not prove it was delivered to the correct person.

Despite this, the NYC hearing officer recommended that the store remain closed because illegal activity continued to take place there. However, Judge Kerrigan ruled that this recommendation was incorrect, describing the actions as a “clear violation of due process.”

The judge’s decision highlights significant procedural problems in the city’s enforcement strategy that could arise in other cases as well.

Consequences for the cannabis market in NYC

Since May, the city says it has closed nearly 1,000 unlicensed cannabis shops, of which an estimated 3,000 are still in operation.

The closures have been welcomed by some in the cannabis industry as a boost to legal sales, but the ruling could open the door for many of these businesses to challenge their closures, particularly those that were shuttered under similar circumstances.

Lance Lazzarothe Queens supermarket’s attorney explained that the decision has “opened the floodgates” for other businesses to challenge the city’s actions. He said he is handling several similar cases, pointing to a possible wave of lawsuits against the city of New York’s cannabis enforcement tactics.

The ruling could set a precedent that may complicate the city’s ongoing efforts to regulate the legal cannabis market.

IMAGE: Photo courtesy of NYC Mayor’s Office. Police seize illegal cannabis during raid.