Public Safety Will Be Enhanced by New Measures Aimed at Unlicensed Cannabis Shops
There are many wins for community residents in the Fiscal Year 2025 state budget, according to Assemblyman William Colton (D—Gravesend, Bensonhurst, Bath Beach and Dyker Heights), including a comprehensive package of bills targeting the proliferation of unlicensed cannabis shops.
The initiatives intended to crack down on stores selling cannabis without the proper license include enabling the state’s Office of Cannabis Management to padlock immediately such stores if they are deemed to pose an imminent threat to safety and health, based on a list of criteria including violent behavior, sales to minors, proximity to houses of worship or public youth facilities, or the presence of illegal guns. A newly created misdemeanor penalty makes it illegal to tamper with a padlock, to discourage businesses that have been shuttered from trying to evade state sanctions and reopen.
Under the new law, stores selling illicit cannabis that are not deemed to pose immediate harm can also be issued notices of violation and can be padlocked upon reinspection if they are still found to be in violation. Also, stores that have licenses from the state to sell alcohol, tobacco or lottery tickets can lose those licenses if they continue selling illicit cannabis, and landlords that ignore illicit cannabis sales can face stiff financial penalties; New York City landlords can be fined $50,000 for the infraction. To make it easier for landlords to evict businesses selling unlicensed cannabis, the standard of proof has been lowered so they only need to prove that such activity takes place “customarily or habitually.”
Also part of the package is a provision allowing local governments to make their own laws to regulate the unlicensed sale of cannabis, within certain parameters. In addition, based on an amendment to the city’s Administrative Code, the law immediately grants New York City the authority to inspect, issue violations, seize cannabis and padlock stores. Another provision creates a statewide civil enforcement task force.
“All of these changes will make it easier to curb the unlicensed sale of cannabis, which has become an increasing problem in neighborhoods across the city and state, providing relief for communities where this problem has reared its ugly head,” said Assemblyman Colton.