Judge Finds Flaws in New York City’s Cannabis Enforcement Efforts

A state judge has ordered New York City to allow a convenience store in Queens to reopen after it was accused of selling cannabis illegally, a decision that could significantly affect the city’s effort to wipe out thousands of unlicensed sellers.

The city quickly appealed the ruling issued Wednesday by Justice Kevin J. Kerrigan. He found that the city sheriff’s office had no legal reason to keep the store at 35-12 Bell Boulevard padlocked because the underlying summons had been dismissed after the city could not prove it had delivered it to the right person. The sheriff’s office issued the summons during an inspection in June, charging the store with selling cannabis without a license.

After the summons was dismissed on procedural grounds, that should have been the end to the case, Justice Kerrigan wrote in his decision.

Instead, the hearing officer, a lawyer who assumes the role of a judge in the case, went on to recommend that the sheriff’s office keep the business closed because she believed illegal activity was taking place at the store. She also concluded that she did not need to determine whether the illegal activity was more than minimal in making her recommendation, he said.

The sheriff’s office accepted the hearing officer’s recommendations. The hearing officer’s guidance was wrong, Justice Kerrigan ruled.

The series of decisions, he wrote, resulted in “a clear violation of due process under the 1aw.”

“The court acknowledges that the unlicensed sale of cannabis within the City of New York represents an enormous public health concern,” he added. “However, summarily shuttering businesses prior to taking the necessary steps to determine whether a violation has occurred stands against the cornerstone of American democracy and procedural due process.”