Cannabis Crackdown Sparks Constitutional Concerns In New York

In May of 2024, Mayor Adams launched “Operation Padlock,” a sweeping task force designed to crack down on illegal marijuana sales in New York. This initiative has confused many, as marijuana is mostly legal in the State of New York for personal use. It is also legal for licensed dispensaries to sell cannabis in public. Aside from these confusing points, Operation Padlock has also sparked concerns after footage of one particularly violent arrest went viral. What can you do if New York police crack down on your smoke shop and violate your constitutional rights?

Staten Island Smoke Shop Keeper Cuffed After Asking for Court Order 

In June of 2024, a viral video surfaced of a smoke shop owner being arrested. The Staten Island shopkeeper spoke up when he noticed seven police officers enter his premises unannounced. When he asked whether they had a court order, he was met with an extremely volatile reaction. The officers insisted that they did not actually need a court order, demanding access to a back room (presumably to search for marijuana).

The situation escalated within seconds, and one of the officers jumped over the counter while the other broke down the door. The worker was then placed in cuffs while being berated and sworn at by the law enforcement officers. Among many other things, the worker was told that “when an officer tells you to do something, you do it.”

While cooperating with the police is usually the right call, this statement isn’t entirely correct. There are many situations in which you are perfectly justified in refusing to do something that an officer tells you to do.

The worker is now being charged with obstruction of justice. However, his defense attorney insists that these charges are unlawful. The worker’s only crime was to ask for a court order, which is not illegal. In fact, a 2021 New York law specifically states that if a cannabis dispensary refuses to comply with an inspection, they must request a court order via the Office of Cannabis Management. However, new initiatives implemented by both state and city authorities make it easier than ever to bypass this inspection requirement.

Public defenders in New York have expressed their concerns about the way this is unfolding. According to them, the confusion over the requirement for court orders could cause innocent businesspeople and employees to become entangled in the criminal justice system.

Get Help From an Experienced Criminal Defense Lawyer in New York 

If you’ve been searching for an experienced criminal defense lawyer, look no further than Phillip J. Murphy, Attorney at Law. Over the years, we have helped numerous defendants charged with marijuana offenses. We understand that even after the drug has been legalized in the Empire State, it is still possible to face all kinds of questionable charges in connection to marijuana. If police are entering your premises or establishment without a valid court order, you have every right to stand up for your rights. Reach out today to discuss this issue in more detail during a consultation.

Source:

thecity.nyc/2024/06/03/video-nypd-cannabis-raid-adams-hochul/