Judge Rules NYC in Crackdown on Unlicensed Cannabis Stores

NEW YORK – A Queens judge has ruled that the city’s closure of a cannabis store that was operating without a license was unconstitutional.

The decision raises serious questions about Mayor Eric Adams’ enforcement program, Operation Padlock to Protect. That operation has closed about 1,000 stores without cannabis licenses.

A Supreme Court judge ruled that a business on Francis Lewis Boulevard in Queens that was closed was denied due process and that the program that allowed the sheriff to decide whether to keep the store closed for up to a year is unconstitutional.

A lawyer for the plaintiff says the decision allows any store that has closed to immediately reopen and seek damages related to the store’s closure.

The mayor and aldermen promise to appeal

The mayor’s office said the city will appeal the ruling, saying “illegal smoke shops and their products endanger young New Yorkers and the quality of life.”

The city says it will continue to padlock illegal storefronts.

The plaintiff’s attorney says he is confident the appeals court will uphold the ruling.

It is not the first time that a judge has ruled against the city for its crackdown. In August, a judge allowed a Bayside bodega accused of selling cannabis to reopen.

Operation Padlock to Protect began in early May after state lawmakers spoke out about unlicensed cannabis stores.