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Judge Gives New York Green Light to Raid Illegal Weed Shops Without Warning

  • Writer: Niagara Action
    Niagara Action
  • 12 hours ago
  • 2 min read

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A New York court has upheld the authority of the state’s Office of Cannabis Management (OCM) to carry out unannounced inspections of cannabis retailers operating without licenses, ruling that the practice does not violate constitutional protections.


In The Elfand Organization, LLC d/b/a Empire Cannabis Club v. State of New York, et al., the case was dismissed in full. The court concluded that the OCM’s inspection program complies with both the Fourth Amendment of the U.S. Constitution and the New York State Constitution.


The ruling noted that the inspection statutes are narrowly tailored, well-defined in scope, and intended for regulatory purposes rather than criminal investigations.



According to the decision, the OCM’s regulations:


-Offer “a constitutionally adequate substitute for a warrant through certainty and regularity of application.”

-Clearly outline the boundaries of inspections while restricting the discretion of enforcement staff.

-Satisfy constitutional requirements under both state and federal law.


“This ruling is a powerful affirmation of OCM’s work in tackling the illicit market,” said Felicia A.B. Reid, Acting Executive Director of the New York State Office of Cannabis Management. “Through enforcement, we support lawful cannabis businesses, protect public health, and address the harms of past prohibition. This decision confirms that our framework is measured, thorough, and constitutional.”



The court also rejected claims that the OCM’s inspection rules are being used as a front for criminal enforcement, stating, “The OCM-Inspection Laws satisfy the four elements of New York v. Burger, as well as the additional criteria regarding pretext… rendering them valid under both the Fourth Amendment and the New York State Constitution.”


In light of the ruling, New York State says their inspection operations will continue in full force.



“We will continue to use every legal tool available to shut down illegal cannabis operations and protect consumers,” said Daniel Haughney, Director of Enforcement and Investigations at the New York State Office of Cannabis Management.


“This ruling makes it undeniably clear; the law is on our side. Not only is our inspection process constitutionally sound, but it is also necessary for public safety. We will continue the work we have been doing day in and day out, to shut down illicit operators throughout the State.”



Judge Gives New York Green Light to Raid Illegal Weed Shops Without Warning



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