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Ganjapreneur (19459000): Lawsuit by New York Hemp retailers alleges cannabis regulators ‘trampling’ constitutional rights

Wed / Aug. 28th

By: TG Branfalt

Three licensed hemp retailers filed a lawsuit in New York this week accusing the state’s cannabis authorities of “trampling on their constitutional rights” by conducting “military style raids” to crackdown on the illegal sale of cannabis products.

The full story is below the jump.

The Office of Cannabis Management (OCM), the state’s regulatory agency that cracks down on illegal cannabis sales in New York, is accused of “trampling on” the constitutional rights of three licensed hemp shops by conducting “military style raids”. Albany Times Union reports. The raids were a response to new In December, the government adopted a new law that tightened rules and effectively banned intoxicating hemp products which businesses had been selling legally without penalty for at minimum six years.

The stores, Smoke N Save, Two Strains, Queensbury and Breckenridge, Manhattan, accuse OCM that they treated the hemp shops as unlicensed cannabis vendors, searched personal belongings of employees during raids, broke open locked cabinets, turned off store surveillance cameras and refused to provide identification.

“Under a guise called an “administrative inspection,” a single (cannabis) inspector, accompanied with a double-digit number of heavily armed police in body armor, burst into the business establishments of legal licensed hemp retailers, turning off all cameras immediately to avoid a recording of their unlawful acts, and carrying out the unlawful tactics without regard that the retailer is not selling marijuana, but is a legally operating state-licensed Hemp retailer.” –The lawsuit, via The Times Union

The report states that the OCM regulations authorizing the raids was first implemented last year as an emergency rule, but was adopted by the Cannabis Control Board on December 1, without public comment or participation of the state Legislature. OCM has refused any records or administrative proceedings that resulted from the raids.

The lawsuit also names New York Sheriff’s Office and the New York Sheriff’s Office in its defendants. A similar lawsuit was filed in Manhattan earlier this month.

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