Local Harlem advocates led by Silent Voices United held an action outside the Victoria Theater on Thursday, April 18 calling for the passing of the SMOKEOUT Act, which fast-tracks the city’s ability to shut down illegal marijuana shops. It passed in the state budget just hours later, and will be effective immediately, according to Assemblywoman Jenifer Rajkumar, the bill’s author.
“The SMOKEOUT Act calls for local control and for the power to shut down shops to be put in the hands of the cities and municipalities,” the Queens lawmaker said in a statement. “I am proud to say that New York City and all localities will now have the power to shut down illegal cannabis shops on their own, without waiting for the State Office of Cannabis Management. In New York City, the Office of the Sheriff will now be able to deputize the NYPD and all agencies to help padlock the shops.
“This means New York City can use its full manpower to get the job done. The next few weeks, I will be raiding illegal smoke shops across New York City with Sheriff Anthony Miranda, padlocking and shutting them down for good.”
Authorities can immediately padlock the worst offenders, including those selling to children, offering unregulated weed products, or operating with illegal firearms on site next to a store with them. Other illegal shops can be shuttered after inspection. Violators can appeal within a week and will receive a hearing within three days.
The instant action stems from an amendment to the New York City Administrative Code, allowing officials to carry out the padlocking and inspections. The law charges the Sheriff’s Office to lead the efforts.
A day later, on Friday, April 19, Gov. Kathy Hochul fully backed the SMOKEOUT Act as a part of a wider effort to shut down unlicensed smoke shops and protect the legal marketplace in her newly cemented enacted budget for Fiscal Year 2025 (FY25).
“We’ve waited far too long for this reckoning with all the illegal shops, and your day has come,” Hochul said during the press conference. “The illicit operators who flout the rules because they know at most they’ll be slapped with a fine that they have also figured out will take months and months to collect, if ever. Frustrated local leaders have been powerless as these unlicensed shops operate right under their noses, sowing chaos, destabilizing neighborhoods, and attracting other types of crime.”
In addition to padlocking illegal pot shop doors, the state will root out illegal cannabis products sold in bodegas statewide. If bodega store owners continue to sell illegal pot products, the state can take away their liquor, tobacco, and lottery licenses as well as padlock their stores. Lastly, a statewide task force will be charged with busting up illegal cannabis suppliers from out-of-state, said Hochul.
“New York State Police will play a key role here, and we’re already recruiting personnel from other agencies to join the effort. We’ll have more details about the formal launch of this task force in the near future,” Hochul said. “Now, let me be clear. I want to right-size expectations. They got a head start. There’s a lot of them out there. Meanwhile, we’re pushing and pushing and pushing to get more legal licenses in the pipeline, approved, and get more legal shops open. That is a top priority of mine.”
To be clear, selling cannabis to anyone under age 21 is illegal. While adult-use marijuana was legalized in 2021, rollout for the retail licenses slowed down due to lawsuits over the procurement process. Illegal smoke shops soon popped up at alarming rates during the abeyance.
City Council passed Local Law 107 of 2023 last August, sanctioning commercial landlords for knowingly housing unlicensed cannabis and tobacco retailers through fines. Hochul said the state has now adopted this tactic to hit landlords with a $50,000 fine if they knowingly give cover and fail to evict illicit cannabis operators.
Harlem’s Manhattan Community Board 10 (CB10) addressed unregulated cannabis sales as a key issue this year, pointing to more than 125 illegal smoke shops estimated in the neighborhood.
“We, Manhattan Community Board 10, are vehemently opposed to the proliferation of illegal smoke shops that are flooding our community,” said CB10 chair Marquis Harrison. “These establishments are not only illegal but also pose serious health and safety risks to our residents. We urge our lawmakers and law enforcement agencies to take swift action to address this issue and protect our community from these illicit operations.”
During the rally, speakers aired out frustrations on the proximity of dispensaries to young people, who are influenced by colorful packaging to appeal to them.
“Our community deserves better, our children deserve better and we will not rest until our voices are heard and our concerns addressed,” said Silent Voices United’s Tiffany Fulton.
“We are happy to support what Ms. Fulton and her organization are doing,” said Shanny Herrera, a representative for Councilmember Yusef Salaam. “We are working behind the scenes on creating legislation because we also want to make sure that the quality of life is good for everybody, especially our children.”
Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.