A judge ruled that the padlock law used to close unlicensed cannabis shops in New York City doesn’t provide enough due process. The ruling allows some shops to challenge closure orders and potentially reopen. The Sheriff’s Office has faced criticism for mishandling confiscations. City officials have closed over 1,200 businesses under the law. Lawyers are filing cases to challenge closure orders and potentially overturn the law. The city has filed an appeal, but lawyers believe the ruling may lead to more shops reopening. The state and city officials maintain that enforcement actions will continue as usual.
In New York City, numerous cannabis shops facing closure orders from Sheriff Anthony Miranda may have a chance to challenge these orders and potentially reopen following a recent court ruling. The judge determined that a local padlock law enacted did not provide adequate due process. Despite this ruling, city and state officials are adamant that shutdowns will continue.
The Operation Padlock to Protect, initiated in May, empowered sheriff and NYPD officers to inspect and close stores for up to a year for engaging in unlicensed cannabis sales. If there is an imminent threat to public safety, such as selling near a school, a shop can be sealed immediately with the opportunity for an administrative hearing to review the closure order.
Attorney Lance Lazarro took the case to the state Supreme Court to contest the sheriff’s decision to continue padlocking a client’s shop after an administrative court dismissed the closure order against it. The administrative court found that the inspection of the Queens shop did not occur during its operating hours, a requirement to prove illegal sales. Judge Kevin Kerrigan ruled in favor of the store, Cloud Corner, stating that the sheriff’s office must provide a rational basis for its decisions, which it failed to do.
Furthermore, Kerrigan found that the closure of the business without a meaningful way to challenge the decision violated due process. This ruling exposed a procedural flaw in the city law according to New York cannabis lawyer Jeffrey Hoffman, who highlighted the sheriff’s veto power in the process.
The Sheriff’s Office is currently under investigation for potential mishandling of confiscating unlicensed cannabis and cash from shops. Despite the legal challenges, the city has shut down more than 1,200 businesses and seized over $82 million in products under Operation Padlock to Protect. Administrative judges dismissed approximately one in five cases, but the Sheriff’s Office overruled nearly one in three cases, keeping the stores padlocked for up to a year.
Attorneys representing affected shops are utilizing the recent ruling to challenge closure orders and potentially reopen businesses. While the ruling may not significantly impact the law in its entirety, it provides closed stores with a pathway to resume operations.
The city has filed a notice of appeal following the ruling, but some lawyers believe the appellate court may uphold Kerrigan’s decision, potentially leading to a significant shift in the enforcement of the padlock law.
Despite the legal developments, city and state officials remain committed to enforcing regulations against illegal cannabis operations. Officials emphasize the importance of protecting communities from the dangers posed by unlicensed cannabis storefronts.
In conclusion, the recent court ruling in New York City has opened up opportunities for shuttered cannabis shops to challenge closure orders and potentially reopen, shedding light on the due process issues surrounding the enforcement of the padlock law. While legal battles are ongoing, the ruling offers hope for affected businesses seeking to resume operations in compliance with regulations.
Source: TheCity.NYC
