Judge Orders ‘Illicit Cannabis’ Signs Removed As NY Regs Face Scrutiny
Judges might be beginning to question enforcement tactics
A state Supreme Court justice issued a temporary restraining order last week allowing the operators of two Manhattan hemp stores to remove “illicit cannabis” signs that had been placed on the storefronts by marijuana regulators following raids.
The judge’s ruling came as attorneys for dozens of hemp store owners whose shops have been raided and had products seized are fighting back in court. The cases include challenging the constitutionality of state regulators posting “illicit cannabis seized” signs on the fronts of shops whose owners have not had their cases adjudicated and argue they did nothing wrong. The regulations include hefty fines for any shop owners who remove the signs without authorization.
Joshua S. Bauchner, a Manhattan attorney who represents numerous hemp store owners across New York, said the temporary restraining order is an indication that judges are beginning to question the legality of the enforcement tactics being used by state regulators and the New York City Sheriff’s Office.
“As our challenges are now subject to judicial review having exhausted administrative remedies, the courts are confirming what we have been arguing in Albany — this all is unconstitutional and needs to stop.” Bauchner said.
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