A group of unlicensed New York City smoke shop owners claim the Adams administration’s crackdown on illegal cannabis sellers is unconstitutional, according to a new federal lawsuit.
The retailers argue that the city’s sweeping raids of illegal pot shops — which have left hundreds of stores across the five boroughs shuttered for the foreseeable future — are a violation of their due process rights, according to the Wednesday filing in Brooklyn federal court.
The class-action lawsuit is the latest legal hurdle that the city may have to face in a long-standing battle to shut down dubious dispensaries amid the state’s botched rollout of legal marijuana sales.
Since 2022, Adams has fought for a citywide cannabis crackdown — and was finally granted permission to take action with the state’s “Operation Padlock to Protect Plan,” pushed as part of Gov. Kathy Hochul’s executive budget proposal.
The plan includes a “Cannabis Emergency Rule” that enables the City Sheriff’s Office to conduct inspections of businesses selling weed without proper registration, licenses, or permits under the NY State Cannabis Law — and shutter them that same day.
“Legal Cannabis remains the right choice for our city, but to those who choose to break the law – we will shut you down,” Adams said in a May press release.
So far, the operation launched last month has seized over $10.4 million in products and issued over $23 million in fines, officials say.
But the cannabis sellers bearing the brunt are being stripped of their constitutional rights, they claim. The lawsuit asserts that allowing the sheriff’s office to immediately close and seal businesses suspected of selling pot without a license violates owners’ due process rights.
Though the shop owners are granted a hearing within five days of being ordered to close, the plaintiffs argue that the sheriff ultimately has the final say on if the shop will close permanently or not, according to the lawsuit.
“Shutting down place and ignoring the rights of ordinary people is not the way the system is supposed to work – it’s wrong,” said Lance Lazzaro, the Brooklyn attorney representing the plaintiffs.
“Allowing the sheriff to act as the judge and jury is not the way the system works and due process has been ignored,” he argued.
The suit also notes collateral damage that has been brought upon innocent business owners – citing a spa and bike shop that were effectively shut down when the NYPD padlocked the gate they shared with an illegal dispensary.
Adams’ team continues to claim victory over their cleaning up of the city’s weed scene.
His Deputy Mayor of Communication Fabien Levy celebrated his achievements on the social media X, writing, “@NYCMayor’s “Operation Padlock to Protect” 🔐 has already: -Confiscated millions of dollars in illegal products 🌿 -Issued tens of millions of dollars in penalties 💰 -Sealed over 350 illegal cannabis and smoke shops.”
“The Adams administration has been clear that the purpose of ‘Operation Padlock to Protect’ is to close down illegal cannabis and smoke shops to protect New Yorkers and better support the legal market by allowing justice-impacted and other legal cannabis business owners to thrive,” said City Hall spokesperson Liz Garcia when asked about the lawsuit.
“With over 350 shops sealed thus far, we have made progress to protect our communities from dangerous, illegal products while helping to create a path to a thriving legal market.”
Legal weed sales for the year are expected to surpass the $200 million mark this month, according to the states Office of Cannabis Management.