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Council members questioned whether the program was effective, as more stores opened and fines went unpaid.
A crackdown on unlicensed cannabis stores in New York City, and throughout the rest of New York State, has resulted to more than 1,300 shop closures. However, at least 2,600 of these rogue shops are still operating while only 79 fully-legal dispensaries operate in the city. The vast majority of the $104million in fines imposed by authorities so far have not been paid.
Sheriff Anthony Miranda provided these details during his testimony on Tuesday at a New York City Council hearing, where members were trying get a grip on the situation.
“Operation padlock to protect has been able shut down illegal shops in every district of the city. Miranda told the council that they inspect hundreds of locations every week. “This is just the beginning.” The operation will continue changing and expanding as the industry continues its evolution.”
Dissatisfaction among the ranks
The operation – what? Launched in the Spring Miranda, a council member, said that after the state law was amended, to aid in the quest for closing down thousands of unlicensed cannabis sellers, 1,078 stores have been closed within New York City following 5,059 inspections.
Miranda responded to Councilwoman Gale Brewer by saying that Operation Padlock’s primary goal was to shut down the shops, not collect fines.
“The increased fines were meant to be a deterrent.” Miranda said that shops that are padlocked tend to close down, and it’s difficult to collect fines when LLCs are no longer operating.
Miranda also said that his office does not have the legal authority to collect fines until 120 days after the date of issuance. There are several ways for shops to avoid such deadlines. They can do this by requesting extensions or using other legal means.
Miranda said that the sheriff’s department is working round the clock to inspect the unlicensed shops in the city.
The council was not satisfied.
“You have sealed 1,000 shops. This could generate $10 million in revenue. Brewer said, “I know you said this isn’t revenue-generating but if people break the law, then they should pay a penalty.”
The sheriff’s office also said that it supports a council proposal to add a new tweak in the city’s call center 311 to allow residents to report suspected illegal marijuana shops directly. However, he opposes an idea to mandate more progress reporting by the task force. He said this would be “overly cumbersome.”
Miranda also addressed a number concerns raised by members of the city council, including reports that illegal retailers had moved their operations to the sidewalk outside their now-locked shops, and that others only opened for business at night in an effort to avoid the crackdown. One council member reported that some of the targeted shops had brazenly cut their padlocks, restarted unlicensed cannabis stores, and even added new food services to customers, such as grilling hamburgers.
Brewer told Miranda that there are retailers who close during the day, but then continue their operation right outside the front door with a gated, locked store behind them. “Some of the illegal marijuana shops I’ve observed, they close in the daytime and open at night to avoid you, as they believe the sheriff only comes by day.”
Miranda said that the New York Police Department is responsible for dealing with unlicensed marijuana dealers on the streets. His deputies, however, have been working closely with the NYPD in some cases. Miranda said that his deputies were keeping a close watch on closed locations in case the owners tried to reopen.
Miranda said that they also receive calls from people who break locks and attempt to reenter. This is also a priority. “That’s the reason it’s important we stay vigilant.”
The sheriff’s department has prioritized reports of illegal cannabis sales in locations near public youth centers, churches and schools, as well as reported cases of illness caused by narcotics that were sold by some of these shops.
Miranda, however, resisted Brewer’s request for a list of suspected shops and said that the information would not be made public as the shops haven’t been convicted yet.
‘Power corrupts’
Some speakers, including members of the council, raised concerns about possible “due-process violations” which were also raised in a Empire Cannabis Club files new lawsuit, which is trying to declare the entire enforcement campaign unconstitutional.
Miranda acknowledged that the attorneys who represent many of these rogue shops had become “creative” and said “We are adjusting.” The law is evolving.
Ingrid Simonovic of the New York City Deputy Sheriff’s Association claims that a deeper problem within the office undermines the crackdown. Simonovic claimed that Miranda’s tenure has seen more deputies quit than join the office. She also said that despite the ongoing crackdown, even more unlicensed marijuana shops have opened. She blamed Miranda for “retaliating” against his deputies.
Simonovic stated that many stores were reopening following their closure. “We lost about 43 deputies over the last two-year period, while bringing on 26 new ones.” Some of these deputies left because they were tired of seizing marijuana that was being stored in an unsafe manner.
Lance Lazzaro is an attorney who represents many of these shops that were targeted for closure. He also says the new laws, which sparked the crackdown, have given the sheriff far too much power. Lazzaro claimed Miranda had become “judge jury and executioner” of smoke shops and bodegas, many of whom he said were innocent of the accusations made.
Lazzaro said Miranda could ignore a dismissal of a civil summons by the city’s Office of Administrative Trials and Hearings, and close any of the shops for up to one year without evidence of criminal conduct.
Lazzaro stated that “power corrupts and the way this statute is written does not really deal with the cannabis shops.”
Miranda was not truthful, said another attorney, when he said that the taskforce had not seized cash from smoke shops raided. She said that she has clients who have reported that deputies seized tens of thousand dollars in cash and certified check.
She said that the best way to solve this problem was to grant a conditional licence to the bodegas.
David McPonski who runs the licensed dispensary Freshly Baked NYC, in the Bronx said that the crackdown was “alarmingly inadequate” so far.
“Nearly every unlicensed store near us that was previously padlocked reopened immediately within three days.” McPonski informed the city council that there are more unlicensed operators in the area of our legal dispensary than there were when we first began reporting them four months ago.
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