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New York City judge rules shutdown of illegal cannabis shops unconstitutional

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A New York City judge ruled Tuesday, Oct. 19, that the process used by the state of New York and New York City to shut down illegal cannabis shops is unconstitutional. Under the program “Operation Padlock to Protect,” more than 1,200 cannabis shops were inspected and shut down across New York.

New York City Mayor Eric Adams spoke about the crackdown during a news conference in August.

“Yes, we got our hands around it and because we got our hands around it, we’re going to destroy illegal cannabis in this city,” Mayor Eric Adams said during the August news conference. “It’s not going to go in our neighborhoods. It’s not going to target our children.”

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Gov. Kathy Hochul said the shops were selling unsafe, illegal products laced with fentanyl that can kill consumers. City officials said the program resulted in the seizure of $82 million worth of products.

Operation Padlock to Protect allowed New York law enforcement to raid and shutter shops suspected of selling illegal cannabis products.

The operation also gave the city’s sheriff the authority to decide if and when the shops could open again. However, they would have to remain closed for at least a year after the raid.

The judge ruled the shutdown of the shops violated shop owners’ due process rights.

An attorney representing one of the shops said the judge’s ruling will allow every shop to reopen and sue the city for damages.

Mayor Adams’ office said it has filed an appeal.

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[Lauren]

A NEW YORK CITY JUDGE RULED TUESDAY THE PROCESS USED BY THE STATE OF NEW YORK AND NEW YORK CITY TO SHUT DOWN ILLEGAL CANNABIS SHOPS IS  UNCONSTITUTIONAL.

UNDER THE PROGRAM “OPERATION PADLOCK TO PROTECT” MORE THAN 1,200 CANNABIS SHOPS WERE INSPECTED AND SHUT DOWN ACROSS NEW YORK.

NEW YORK CITY MAYOR ERIC ADAMS SPOKE ABOUT THE CRACK DOWN DURING A NEWS CONFERENCE IN AUGUST.

“YES, WE GOT OUR HANDS AROUND IT AND BECAUSE WE GOT OUR HANDS AROUND IT, WE’RE GOING TO DESTROY ILLEGAL CANNABIS IN THIS CITY,” MAYOR ERIC ADAMS SAID DURING AN AUGUST NEWS CONFERENCE. “IT’S NOT GOING TO GO IN OUR NEIGHBORHOODS. IT’S NOT GOING TO TARGET OUR CHILDREN.”

GOVERNOR KATHY HOCHUL SAID THE SHOPS WERE SELLING UNSAFE, ILLEGAL PRODUCTS LACED WITH FENTANYL THAT CAN KILL CONSUMERS.

CITY OFFICIALS SAID THE PADLOCK PROGRAM RESULTED IN THE SEIZURE OF $82 MILLION DOLLARS WORTH OF PRODUCTS.

OPERATION PADLOCK TO PROTECT ALLOWED NEW YORK LAW ENFORCEMENT TO RAID AND SHUTTER SHOPS SUSPECTED OF SELLING ILLEGAL CANNABIS PRODUCTS.

THE OPERATION ALSO GAVE THE CITY’S SHERIFF THE AUTHORITY TO DECIDE IF AND WHEN THE SHOPS COULD OPEN AGAIN, BUT THEY WOULD HAVE TO REMAIN CLOSED FOR AT LEAST A YEAR AFTER THE RAID.

THE JUDGE RULED THE SHUTDOWN OF THE SHOPS VIOLATED SHOP OWNERS’ DUE PROCESS RIGHTS.

AN ATTORNEY REPRESENTING ONE OF THE SHOPS SAID THE JUDGE’S RULING WILL ALLOW EVERY SHOP TO RE-OPEN AND SUE THE CITY FOR DAMAGES.

MAYOR ADAMS’ OFFICE SAID IT HAS FILED AN APPEAL.