Video: NYC Cops Raid And Arrest Cannabis Shopkeeper — Does Mayor Adams' 'Operation Padlock' Violate Due Process?

NYC Mayor Eric Adams' newly established mayoral task force known as Operation Padlock has taken to aggressively targeting shops suspected of selling illegal marijuana, judging from a video that surfaced of a Staten Island raid, which has sparked concerns over due process and the wisdom of using the New York City Police Department (NYPD) for regulatory inspections.

The surveillance footage, captured on May 18, reveals a dramatic confrontation involving seven uniformed officers, mostly from the NYPD. The officers are seen cursing, screaming demands and at one point an officer leaping over the store counter – which he could easily have walked around -to apprehend the shopkeeper who simply asked to see a court order before granting them access to the back of the store.

"When a cop tells you to do something, you f**king do it," one officer said to the shopkeeper during the encounter. Despite the fact that no illegal cannabis products were found at the time, the shopkeeper was handcuffed and charged with obstruction of justice. The cops ended up seizing less than a pound of weed before hauling the shopkeeper away in cuffs.

The video, obtained and published by THE CITY under the condition of protecting the shopkeeper’s identity, confirmed the arrest and subsequent charges.

Total Overhaul Of State’s Cannabis Program

Governor Kathy Hochul (D), as part of a total overhaul in May of New York's troubled legal cannabis program, expanded enforcement powers, allowing the Office of Cannabis Management (OCM), the Department of Taxation and Finance and finally the NYPD to enter unlicensed cannabis establishments, seize products and obtain court orders to padlock them.

Steve Zissou, the shopkeeper's attorney, argued that the footage clearly depicts violations of both due process and civil rights. "Asking for a court order is not an obstruction of justice," Zissou said, adding that the shopkeeper was asserting his constitutional rights. "This is restarting the war on drugs under the guise of a civil process."

In response, Liz Garcia, spokesperson for Adams, stated that the mayor's office would review the video as part of an ongoing evaluation of its inspection and enforcement protocols. She defended the mayor's initiative to shut down illegal cannabis shops as a way to protect New Yorkers and support legal cannabis businesses, particularly those owned by individuals who have been impacted by previous cannabis-related convictions.

The regulatory framework for cannabis inspections, part of NY’s 2021 state law that legalized marijuana, did not foresee the NYPD undertaking inspections. The law permits individuals to refuse regulatory inspections, although they face civil fines for doing so. If an inspection is refused, the OCM needs to obtain a court order to proceed.

No doubt the fate of New York’s complicated cannabis industry will come up at the Benzinga New Jersey Spotlight scheduled for June 17, 2024 at the New Brunswick Performing Arts Center in New Jersey. This regional gathering is more than just a networking opportunity, it’s an arena where significant business relationships and future strategies for the cannabis industry are forged. Get your tickets here.

Now read: Ohio Now Accepting Recreational Marijuana Applications: When Will Sales Begin? Official Can’t ‘Circle A Day’ Just Yet

Photo: Courtesy of Jusdevoyage via Unsplash