Apr. 22, 2024 By Anthony Medina
The surge of smoke shops across New York City is likely to be coming to an end.
A new initiative announced by Gov. Kathy Hochul last week would allow New York City and local municipalities across the State to shutter and padlock the raft of illegal cannabis stores that have been mushrooming across the region.
The governor’s initiative expands the authority given to the New York State Office of Cannabis Management and law enforcement, including the NYPD, to padlock illicit smoke shops and levy hefty fines on landlords who fail to acknowledge illegal activity on their properties.
Hochul recognized the continued battle with illegal smoke shops in her remarks last Friday.
“Enough is enough,” Hochul said. “I promised to protect our communities and hard-working, legal cannabis licensees by expediting the closure of illicit storefronts. I’m proud to stand up and say we got it done.”
Governor Kathy Hochul unveils new initiatives to shut down illicit cannabis operations and protect the legal marketplace as part of the FY25 Enacted Budget. Photo courtesy Susan Watts/Office of Governor Kathy Hochul
New York City residents, especially those in Queens, have witnessed a continued expansion of smoke shops since recreational cannabis was legalized in 2021, and its proliferation in residential neighborhoods has remained at the forefront of civic concerns.
Last year, Assembly Member Jenifer Rajkumar introduced legislation seeking to provide the state with abilities similar to Hochul’s recently announced plan to allow local municipalities to shutter illegal smoke shops.
Although backed by several elected officials, including Mayor Eric Adams, Rajkumar’s bill has not yet been signed into law. The state-enacted plan fast-tracks the process to allow law enforcement to shutter illegal shops without first going through a long process for OCM to get involved.
Rajkumar approved of the governor’s plan while emphasizing the efforts she has made to get her legislation passed in Albany.
“After our discussions with her and her team this budget season, we came to an agreement on the importance of giving cities and municipalities across our State the power to shut down these shops on their own,” Rajkumar said in a statement. “The people have spoken and Albany has listened. Now, it’s time to “‘smoke ‘em out!’”
Hochul’s plan also incorporates city legislation sponsored by Council Members Lynn Schulman and Joann Ariola that holds landlords accountable for knowingly renting space to illegal cannabis operators. Under Hochul’s plan, landlords found renting to illegal cannabis shops will be potentially hit with $50,000 fines and additional penalties.
Another portion of the state initiative is similar to what Council Member Robert Holden put forward in the city council earlier this year. He sponsored legislation that would punish smoke shops caught illegally selling cannabis products by stripping them of their tobacco license. This component is in Hochul’s plan.
Mayor Eric Adams, standing alongside Hochul during last week’s plan announcement, echoed the governor’s sentiments, noting that it would help authorities clamp down on illegal smoke shops across the city.
“These measures, combined with our already robust enforcement efforts, will help keep the playing field level and push back against the quality-of-life issues that have resulted from the proliferation of illegal smoke shops,” Adams said.
Furthermore, the initiative is also likely to benefit the operators of legal cannabis dispensaries.
Osbert Orduña, the CEO of The Cannabis Place, which opened in Middle Village last month, discussed the challenges of establishing a local retail dispensary when illegal cannabis products are being sold in an unregulated market.
He and a coalition of legitimate cannabis business owners sent a letter to Hochul last month calling for legislation that would grant local authorities the power to shut down illegal shops.
Orduña thanked Hochul for her attentiveness. He, along with dozens of legal cannabis business owners, sent her office a letter complimenting her earlier this month.
“Your dedication to finding inclusive solutions to this issue is commendable and greatly appreciated,” Orduña said.
Supporters of Hochul’s initiative say a statewide enforcement task force to thwart illegal smoke shops is another portion of the governor’s plans that could eliminate the problem in the long term.