Buffalo seeks to padlock unlicensed Cannabis shops
Marijuana is one step closer to being classified as a less-dangerous drug through a proposal from the Department of Justice.
As local and state leaders try to curb unlawful cannabis sales, Buffalo is in the process of drafting legislation that would align the city's law's with the Office of Cannabis Management's efforts, and allow the city to padlock shops selling unlicensed cannabis.
At Tuesday's Common Council meeting, Majority Leader Leah Halton-Pope called for a new local law that would fine businesses in Buffalo involved in unlicensed cannabis sales and permit the padlocking of the buildings where unlicensed sales take place. It tasks the city's corporate council with drafting a new local law aimed at dovetailing local regulations and enforcement actions with state ones.
"They've been making money long enough, and so it's time for them to either shutter their doors, or we can padlock them," she said.
Pope said unlicensed cannabis stores pose a serious threat to the safety and well-being of the community.
"What these illegal stores are doing is they're selling something that's not regulated. It's not been tested," she said. "You're putting the community at risk."
Unlicensed cannabis also interferes with the regulated market, she said.
"They're 100% everywhere. And some of them are very bold. They don't see any reason why they should close," Pope said.
The owner of Tonawanda cannabis delivery company Canterra is alleging the state Office of Cannabis Management has retaliated against his company for speaking out publicly against it.
"The purpose of (legalizing cannabis sales) was to create equity, but also to make sure that money was put back into those communities that were disproportionately impacted by the giant war on drugs, which completely decimated families, homes, communities," she said. "If you have illegal cannabis, that money isn't going there."
The resolution directs corporate council to draft a local law addressing fines and padlocking by Friday.
According to state law, the Office of Cannabis Management can padlock a business immediately following an inspection if they are selling illicit cannabis "in a manner that poses an imminent threat to health, safety, and welfare."
At the OCM's request, any police officer with jurisdiction can assist the OCM with executing padlock orders.
Cities and county governments can also initiate their own padlocking programs if they pass a local law that complies with New York’s padlocking statute and notify the OCM, the cannabis office said.
The state can conduct emergency padlocking of a store selling cannabis illegally if there is:
- Documented sale to minors.
- Products not tested or labeled according to New York cannabis law.
- Unlicensed processing of cannabis products at the building or premises.
- Violent conduct.
- Presence of unlawful firearms at the building or premises.
- Proximity to schools, houses of worship, or public youth facilities.
- Products leading to illness or hospitalization.
The emergency padlock stays in effect for one year. Removing or damaging a padlock is a Class A misdemeanor obstructing governmental administration.
"Illicit cannabis" was seized and the location was ordered to close and stop selling unauthorized cannabis, according to a sign on the building at 5310 Southwestern Blvd.
In the last 60 days, the OCM has padlocked 208 illicit cannabis businesses statewide. Most of the illegal cannabis seized has been from producers outside the state, OCM enforcement officials said.
The OCM works with an enforcement task force that operates with 26 separate state agencies contributing 200 personnel to the effort.
Once a shop is padlocked, the OCM sends an advisory to the building owner, saying that if they don't take immediate steps to evict the offending tenant and cancel the lease of the unlicensed shop, the OCM will send a letter to the mortgage holder of the property alerting them to the illegal activities, and that they need to "take whatever authority they have to deal with that situation," said James Rogers, the OCM's director of small business development.
"The result is that landlords are canceling leases and evicting people and now, finally, at long last, quite involved in getting our streets back where they need to be in terms of legal behavior," he said. "They, for the most part, are putting their money where their mouth is."
Rogers said property owners should be aware that "consequences are severe."
"Check in with your tenants, make sure you know what they're doing, prevent the illicit activity. It's really up to you to do that," he said. "It's time to step up and make sure that people who are renting from you are conducting legal and lawful businesses in our neighborhoods."
