A New York City law used to padlock suspected illegal pot shops is ruled unconstitutional

A New York City judge has ruled that a rule nan metropolis has relied connected to padlock suspected unlicensed marijuana shops is unconstitutional

A rule that New York City has relied connected to padlock scores of suspected unlicensed marijuana shops is unconstitutional because it violates nan authorities of shop owners, a judge ruled Tuesday.

Mayor Eric Adams' management moved instantly to appeal, saying nan metropolis had successfully unopen down much than 1,200 forbidden shops in a crackdown connected nan thousands of stores that opened without a licence aft nan authorities legalized recreational usage of nan drug.

The ruling was made successful nan lawsuit of a Queens business padlocked successful September pursuing an inspection by nan sheriff's agency that recovered suspected cannabis and cannabis products for waste without a license.

New powers passed successful nan authorities fund earlier this twelvemonth gave section authorities nan expertise to inspect and instantly unopen down suspected forbidden stores while administrative hearings play out. But nan last determination remains pinch nan sheriff’s office, meaning it tin support a shop closed moreover if a proceeding serviceman recommends otherwise.

That's what happened successful nan Queens lawsuit — and successful galore others, attorneys for nan businesses say, starring Judge Kevin Kerrigan successful his ruling Tuesday to qualify nan administrative hearings arsenic “useless, aliases moreover a imaginable farce.”

“Indeed, if nan last arbiter has nan authority to confer nary weight to nan hearing, location is nary existent meaningful ‘opportunity to beryllium heard,’ which vastly increases nan consequence of erroneous deprivation and raises a owed process concern," he wrote.

Adams' spokesperson, Liz Garcia, said nan city's rule section had revenge a announcement of appeal.

“Illegal fume shops and their vulnerable products endanger young New Yorkers and our value of life, and we proceed to padlock illicit storefronts and protect communities from nan wellness and information dangers posed by forbidden operators," she said successful an emailed statement.

Attorney Lance Lazzaro predicted nan ruling would let each shop that has been unopen down to reopen and writer for damages, including for mislaid business and reputational harm.

“The damages will beryllium astronomical,” said Lazzaro, who represents nan Queens store, Cloud Corner.

“The City of New York should beryllium ashamed for allowing this process to hap successful nan first place,” he said via email.

At an administrative proceeding pursuing its closure, Cloud Corner's proprietor based on that nan shop was closed erstwhile nan sheriff entered to behaviour nan inspection, truthful nary cannabis products were being sold. The proceeding serviceman agreed but contempt his dismissal of nan summons, nan sheriff's agency opted to support nan closure bid successful spot for 1 year.