GMR reports
A federal judge on Thursday denied a request from 27 New York City retailers to halt the city’s crackdown on unlicensed cannabis shops, ruling that the stores are unlikely to succeed in their claims of due process violations, Law360 reported.
U.S. District Judge J. Paul Oetken found that New York City laws empowering officials to close stores selling unlicensed marijuana already provide “adequate procedural protections” to ensure due process rights.
The retailers argued that city agencies enforcing the SMOKEOUT Act padlocked stores without proper judicial review. Oetken disagreed, citing the law’s built-in safeguards.
According to the court opinion, the enforcement process typically lasts about nine days from initial sealing order to final determination. Businesses can challenge orders through hearings and state court proceedings.
Oetken noted that five of the 27 plaintiff stores successfully appealed to have their sealing orders overturned, demonstrating that “the OATH hearings provide a meaningful opportunity to be heard.”
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Federal judge allows New York City to continue closing unlicensed cannabis shops
