Judge rules New York City law banning marijuana shops unconstitutional
The judge stated that the law violates due process rights.
A judge has ruled that a law in New York City, which has led to the closure of over 1,200 shops, infringes on constitutional rights.
This law allows the Office of the Sheriff of the City of New York to immediately lock up businesses suspected of illegally selling marijuana products. Following an administrative hearing, the sheriff can order the closure of the business for a year, even if the administrative arbiter advises against it.
He added that the sections of the city code permitting administrative arbiters to issue closure recommendations and allowing the sheriff to ignore these recommendations are unconstitutional under the U.S. Constitution’s 14th Amendment, which ensures due process rights.
The ruling pertained to a case brought by A S A 456 Corp., also known as Cloud Corner, which was shut down by the sheriff for a year in September after not accepting a recommendation from the arbiter.
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According to Kerrigan, “The sequence of events that transpired here led to the closure of Petitioner’s business despite no evidence, on this record, of engaging in any illegal or unlicensed activity, which is a clear violation of due process under the law.”
The city has filed an appeal against the ruling.
A spokesperson for New York Mayor Eric Adams said to news outlets that, “Illegal smoke shops and their dangerous products threaten young New Yorkers and the general quality of life. We are committed to locking up illicit storefronts and safeguarding communities from the health and safety hazards posed by illegal operators.”
Authorities disclosed that as of May, around 2,800 stores were unlawfully selling marijuana, with over 1,200 being closed under this law by the city.
Lance Lazzaro, the lawyer representing Cloud Corner, communicated via email to The Epoch Times that the ruling shows the law violates the due process rights of the store owners.
He stated, “This ruling will permit every store that was closed to immediately reopen and pursue damages related to the closure of the store, including loss of business, operational expenses, and harm to their reputation. The damages will be substantial.”
