A state law that has allowed New York City to padlock hundreds of suspected illegal cannabis shops is unconstitutional, a Queens judge said in a bombshell ruling Tuesday.
Judge Kevin J. Kerrigan ruled that the mandate, which grants the City Sheriff’s Office authority to keep illicit cannabis sellers shuttered after they’ve been raided, violates the store owners’ rights to due process.
The sheriff’s adjudicative power, which leaves store owners helpless regardless of evidence and administrative court rulings — as examined in a recent Post expose — “stands against the cornerstone of American democracy and procedural due process,” Kerrigan wrote.
The city has used the provision to back its enforcement push — Mayor Eric Adams’ vaunted “ Operation Padlock To Protect ,” which officials say has resulted in more than 1,200 shops being shuttered.