Cannabis Store Closures in NYC - what to do if your store has been padlocked
What's Happening with Marijuana Shops in NYC?
Recently, New York City has started closing down many marijuana shops that don't have the proper licenses. This effort, called "Operation Padlock to Protect," was initiated by Mayor Eric Adams to enforce the law and ensure only licensed businesses can operate.
Until recently, most stores operated with the idea that the worst they could face would be an inspection and violations issued with heavy fines.
Now, the new law gives the Sheriff the authority to padlock, i.e. shut down store at the time of the inspection if they find marijuana being sold without a license.
The orders reference your right to a hearing in front of OATH (the Office of Administrative Trials and Hearings) but don’t explain where the hearing is, or how to schedule it.
In fact, even though there is a hearing date on the Notice of Closure, there won’t be any hearing unless an attorney or representative follows the procedure to schedule it! Between the many different forms and violations posted on the door, and the (intentionally?) confusing and bureaucratic web of procedures you have to follow to even get a hearing, most store owners won’t have a hope of fighting the Closure Order without the help of an experienced attorney.
Why Are Shops Being Closed?
According to the Mayor’s press releases, unlicensed shops sell products that might are untested, and are accused of selling to minors. The city, with help from the state government, is now using new laws to quickly shut down unlicensed head shops.
What Does This Mean for Shop Owners?
If you are among the hundreds of owners and managers wondering what to do, it’s important to speak to a lawyer who understands the new laws and the ways to fight the padlock orders. Understanding the legal process and finding the right help is essential to challenge an Order of Immediate Sealing and preservice your right to reopen your store.
Navigating the rules around selling marijuana is very confusing. The attorney at Dusenberry & Dusenberry specialize in helping business owners facing marijuana, tobacco and alcohol violations. We can provide expert advice on how to fight the padlock order and reopen your shop, deal with legal issues, and ensure you meet all the necessary requirements. Contact us today to set up a consultation.
Please call 718-625-1777 or email info@dusenberrylaw.com for more information and to schedule a consultation.
Matthew Dusenberry is a Criminal Defense and OATH Lawyer in Brooklyn, New York.
Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.
Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.
Web: Dusenberrylaw.com
