NYC Cops’ Cannabis Raid Video Sparks Debate on Mayor’s Enforcement Tactics

Staten Island Store Raid Raises Concerns Over NYPD Involvement in Cannabis Inspections

Staten Island, NY, June 4, 2024 — As a new mayoral task force ramps up inspections of shops suspected of selling illegal cannabis, a video obtained by THE CITY reveals the aggressive nature of these raids and raises questions about potential due process violations.

Raid Captured on Video

A 90-second surveillance video from a Staten Island store, recorded on May 18, shows seven law enforcement officers, most in NYPD gear, confronting a shopkeeper who requested a court order before allowing them to inspect the back of the store. The man was handcuffed and taken to a precinct, charged with obstruction of justice before any unlicensed cannabis products were found.

Escalation and Arrest

“When a cop tells you to do something, you fucking do it,” one officer is heard telling the shopkeeper in the video. The footage was shared with THE CITY on condition of the shopkeeper’s anonymity. The arrest and charge were confirmed by police records.

Legal and Civil Rights Concerns

Steve Zissou, the shopkeeper’s lawyer, stated that the video shows violations of due process and civil rights. “Asking for a court order is not an obstruction of justice,” Zissou said. “This is restarting the war on drugs under the guise of a civil process.”

City’s Response

Liz Garcia, a spokesperson for Mayor Eric Adams, commented, “We will examine this video in the course of the city’s continuing review of inspection and enforcement protocols.” She defended the enforcement initiative, aimed at closing illegal cannabis shops to protect New Yorkers and support the legal cannabis market.

Legal Framework and Expanded Enforcement Powers

The 2021 state law legalizing cannabis use includes a provision allowing individuals to refuse regulatory inspections, subjecting them to a civil fine instead. However, the law requires the Office of Cannabis Management (OCM) or its board to request a court order if an inspection is refused.

In May, Governor Kathy Hochul expanded the state’s enforcement powers, allowing OCM and the Department of Taxation and Finance to enter unlicensed cannabis establishments, seize products, and padlock shops. Further legislation in April empowered local jurisdictions to conduct inspections, adding more manpower to the effort.

Task Force Operations

Mayor Adams formed a task force last month, including NYPD officers, the Sheriff’s Office, and the Department of Consumer and Worker Protection, under the initiative named Operation Padlock to Protect. As of May 29, the task force has completed 329 inspections, padlocked 224 stores, and issued 231 cease and desist orders.

Public Defender Concerns

Public defenders have expressed concerns about police involvement in these regulatory inspections. “We’re concerned that with the NYPD being the agency that’s now conducting lockouts, more people will be arrested as a result and then subject to contact with the criminal legal system,” said Jackie Gosdigian of the Brooklyn Public Defenders.

Merchant Rights and Legal Implications

Cannabis lawyer Joseph Bondy argued that the new legislation does not supersede constitutional rights. “Many of these merchants are having their rights violated,” he said, emphasizing that searches and seizures without a warrant are not authorized.

Incident Details

The video shows officers asking the shopkeeper about cannabis products before demanding access to the back of the store. After refusing without a court order, the shopkeeper was arrested. Police later found less than a pound of cannabis products and padlocked the shop.

Governor’s Office Statement

“Governor Hochul fought for major legislation to shut down illicit cannabis shops that gives localities the enforcement tools they need while putting important guardrails in place to protect the rights of New Yorkers,” said Justin Henry, a spokesperson for the governor.

Upcoming Court Appearance

The shopkeeper is scheduled to appear in criminal court on Staten Island next Friday.

About THE CITY

THE CITY is a nonprofit newsroom serving New Yorkers with exclusive stories, tips, and guides to low-cost events. Sign up for the SCOOP newsletter to stay informed and consider donating to support their work.