New York State waged a full-fledged attack on unregulated hemp shops over the last year, naming the initiative Operation Padlock to Protect. This was established to create a clear divide between illicit and licensed dispensaries since the latter was dismayed by a lack of business.
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In a press conference this summer, state Governor Hochul, New York City mayor Eric Adams, and law enforcement officials deemed the push successful. One month later, a video of Adams smelling a pound of weed before it was incinerated went viral. Just a few months later, the entire operation is under scrutiny.
Despite these public displays of success, lawyers may have found the key to Operation Padlock to Protect. A slew of lawsuits have been waged against those in charge of the push. Most recently, a judge ordered that the “illicit cannabis” signs procured after raids be taken down. This is only the latest bid to reverse the initiative’s impact.
Lawyers slowly reverse Operation Padlock to Protect
Everything started with the SMOKEOUT Act, which gave local municipalities the power to padlock illicit weed stores that continued operating after an official warning. Eventually, this piece of legislation grew into a governor-sanctioned operation. A few months after going full force, New York City had gathered $41M in product and doled out $65M in fines.
There is an ongoing investigation into reportedly missing cash from these hemp dispensaries. However, Sheriff Anthony Miranda testified that he did not “believe” his deputies were to blame.
Unfortunately, officers turned off store security cameras and conducted raids after business hours. There is little proof for or against that testimony. After this trial, a Queens judge ruled the entire initiative unconstitutional in the first vital blast to Operation Padlock and Protect.
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Grounds for the ruling highlight a lack of due process as dispensary operators had no means to defend themselves in court. Before the operation was set in place, store owners could remain open for a year while appealing claims of illicit sales. With this court order, the Queens shop that filed the suit can re-open and has the right to sue for damages.
The latest win for unregulated weed in New York
Flash forward to this week, and courts delivered another blow to the once-championed operation. With padlocking and product seizures also comes a big red sign reading “illicit cannabis seized.” It is a declaration that the business owner was engaged in criminal activity, all without trial or due process.
State Supreme Court Justice Arthur F. Engoron signed a temporary restraining order allowing two Manhattan shops to remove the “illicit cannabis” signage. This small win adds pressure to the handful of lawsuits against this operation.
As pushback from unlicensed hemp operators shakes out, the State Supreme Court is ruling on the constitutionality of Padlock and Protect in its entirety. In the face of this legal 180, many are wondering if anyone was actually protected. New York cannabis has dealt with turmoil since its inception, and for now, there’s no end in sight.
