NYC Judge Rules Padlock Law for Illegal Pot Shops Unconstitutional

On Tuesday, October 29, a New York City judge ruled that a law enabling the city to shut down unlicensed cannabis shops is unconstitutional, citing due process concerns. The decision challenges the legality of  “Operation Padlock to Protect,” a program under Mayor Eric Adams’ administration that has led to over 1,200 unlicensed marijuana shops being padlocked. City officials immediately filed an appeal, defending the operation as essential for public safety and quality of life.

Judge Kevin Kerrigan’s ruling stemmed from the case of Cloud Corner, a Queens-based store padlocked following an inspection. Though a hearing officer recommended its reopening, the sheriff’s office opted to keep the store closed for a year, highlighting an administrative structure where the sheriff can override recommendations. Kerrigan stated that allowing the sheriff this authority deprived store owners of a “meaningful opportunity to be heard,” raising significant concerns about due process.

Opponents of the crackdown argue the law disproportionately impacts businesses without fully investigating each case. Cloud Corner’s attorney, Lance Lazzaro, warned that the ruling might pave the way for numerous lawsuits from business owners seeking compensation for lost revenue and reputational damage. He stated, “The damages will be astronomical,” emphasizing the significant financial and personal toll on affected businesses.

Mayor Adams’ office, however, justified the continued enforcement, with spokesperson Liz Garcia asserting the dangers posed by unlicensed cannabis products, especially to young residents. She reiterated the city’s commitment to safeguarding communities from the potential health risks of unregulated cannabis sales and maintaining urban safety.

Despite the city’s stance, the ruling has raised wider questions about procedural fairness. Under the current law, businesses targeted in the crackdown are entitled to administrative hearings. However, as seen with Cloud Corner, these hearings can be overridden by the sheriff’s office, leaving store owners with limited recourse. Civil rights advocates argue that this process lacks transparency and accountability, casting doubt on the legality of the shutdowns.

If upheld, the judge’s ruling could significantly impact New York City’s approach to managing unlicensed marijuana shops, possibly halting further closures and potentially influencing similar cases nationwide. The Adams administration now awaits the outcome of the appeal, which could reshape enforcement practices around New York’s cannabis industry.