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NYC’s shuttered cannabis sellers file a class action suit.
More than two dozen shops that have been closed in New York City are suing the city, as well as City Sheriff Anthony Miranda, and others, for what they say is “unconstitutional closure.”
As Cannabis Wire reported in April, Gov. Kathy Hochul’s budget expanded the enforcement power of localities in padlocking shops selling cannabis without a license. Since then, NYC has closed hundreds of shops, though estimates suggest thousands remain.
It remains to be seen whether a judge things the plaintiffs’ argument has any merit, but here it is in a nutshell:
“This action concerns the policy and practice of the New York City Department of Finance, through application by the New York City Sheriff (hereinafter “the Sheriff”) and New York City Office of Administrative Trials and Hearings (hereinafter “OATH”), in executing and enforcing the SMOKEOUT Act, by sealing businesses, with no judicial review and without a court order, and based solely on the unadjudicated claim that a business was selling cannabis without a license.
The execution and enforcement of the SMOKEOUT Act, by the Sheriff, with the limited administrative review by OATH, has resulted in the unconstitutional closure of hundreds businesses, including the Plaintiffs, throughout New York City.”
You can read the full complaint here.
Here’s an update on NYC enforcement numbers:
Cannabis Wire reached out to Mayor Eric Adams for the latest tally and borough breakdown of shops that have been “sealed.”
Bronx: 68
Brooklyn: 76
Manhattan: 86
Queens: 88
StatenIsland: 27
Total: 345
That number is tiny in comparison to the thousands of ~estimated~ unregulated sellers operating in the city.
But, here’s what we’re noticing. New York City is changing, again.
- Some shuttered stores have enforcement notices. Others don’t.
- Short-term closures. Some shops close for a few hours and then reopen — perhaps they’re tipped off about an inspection.
- Empty shelves. Shops are SPARSE.
- CBD on the shelves, THC back behind the counter. One unregulated store displayed only CBD. But the clerk whispered that they had the “strongest” edibles on the market and showed off 1,000 mg FlavBelts.
- Awnings are vague. There’s a noticeable removal of cannabis leaves and references.
- Emphasis on other items: Shops that sell other items, like sandwiches or groceries, are emphasizing the hell out of that and removing any imagery or mention of cannabis.
