Judge Lift Banned On The City’s “Operation Padlock to Protect” Program

Journal

Jul 24

Written By Damian Nicholas

U.S. District Judge Paul Oetken refused to grant the retailers' request to stop the city's enforcement.

Cannabis | Legal

Words by Damian Nicholas

GETTY IMAGES /NYPOST

New York City’s efforts to address unlicensed cannabis sales received a favorable ruling from a federal judge in Manhattan. According to Reuters, the city has closed down 640 illicit sellers since May, as thousands of unlicensed cannabis retailers continue to operate in violation of state law, posing a threat to legal retailers.

In response to the crackdown, 27 unlicensed retailers took legal action against the city, alleging that the Operation Padlock to Protect program violated their constitutional rights to due process. However, U.S. District Judge Paul Oetken denied their request for an injunction to halt the city’s enforcement, citing the government's substantial interest in protecting public safety and the low risk of authorities' error in seizing the retailers’ marijuana.

Judge Oetken also emphasized the significant public health risk associated with unregulated product manufacturing, labeling, and the potential harm to minors posed by unlicensed cannabis sellers.

In light of the ruling, city officials, including Mayor Eric Adams, expressed their commitment to protecting New Yorkers, particularly young people, from the health and safety threats posed by illegal cannabis shops. The city has seized $20 million in illegal marijuana and imposed $51 million in fines, underscoring its determination to combat unlicensed cannabis sales and ensure the success of licensed adult-use retailers in New York City.