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A new law aims to finally allow New York City to shut down the ubiquitous illegal pot shops sprouting like weeds across the five boroughs — a law enforcement operation currently left to the state.

The underground drug spots have been a constant source of frustration for Mayor Adams’ administration and a nuisance to neighborhoods across the city. 

The legislation being introduced in Albany would give local authorities the ability to shutter them for good.

“These unlicensed illegal smoke shops are endangering the children of our community and they are hotbeds of crime,” said Assemblywoman Jenifer Rajkumar, the bill’s sponsor.

Rajkumar, a key ally of the mayor, said her SMOKEOUT Act would allow the city to deal with what she estimates to be 1,500 illegal shops in the city — in addition to her estimate of 36,000 statewide.

“My legislation puts the power back in the hands of the people and municipalities, so that we can stop the sale of unlicensed cannabis that is endangering our children and our neighborhoods,” she added.


  New York City Mayor Eric Adams is promoting state legislation that would give municipalities authority to crack down on illicit pot shops. Helayne Seidman New York City Mayor Eric Adams is promoting state legislation that would give municipalities authority to crack down on illicit pot shops. Helayne Seidman

So far, cracking down on the unlicensed retail stores has been largely a game of whack-a-mole — which state regulators with the Office of Cannabis Management (OCM) don’t have the manpower to keep up with.

The state has attempted to fine the bogus shops as officials continue the slow rollout of New York’s legal cannabis industry. However, after being caught a large number of the shops simply settle the fine and open back up.

“The state has the enforcement power and the state does not have the manpower to do the enforcement power,” Adams said. “And so many of these places are opening and they’re laughing at the fines. It’s the price of doing business.”


  “The state has the enforcement power and the state does not have the manpower to do the enforcement power,” Mayor Eric Adams said. Getty Images “The state has the enforcement power and the state does not have the manpower to do the enforcement power,” Mayor Eric Adams said. Getty Images

Adams said he could shut down all the illicit shops in the city within 30 days if given the enforcement powers.

In November, Hizzoner threatened to go after landlords who have illicit shops operating on their properties. 

He said the city had contacted the owners of 50 buildings suspected of hosting the shops and warned them of potential fines for letting their tenants sell cannabis illegally.

Last October, Gov. Kathy Hochul announced an “aggressive crackdown” on the illegal shops – citing 246 inspections and 8,500 pounds of cannabis seized by unlicensed retailers within six months.

However, the state shut down just nine unlicensed cannabis stores in 2023.


  Assemblywoman Jenifer Rajkumar, an ally of Mayor Eric Adams, introduced the bill to allow municipalities to crack down on unlicensed pot shops. William Farrington Assemblywoman Jenifer Rajkumar, an ally of Mayor Eric Adams, introduced the bill to allow municipalities to crack down on unlicensed pot shops. William Farrington

Last month, an illicit pot shop in Brooklyn became the first establishment in the Big Apple to be permanently padlocked for selling wacky tobaccy without a license, after New York State authorities obtained the first court order to shutter it after it.

Big Chief Smoke Shop — located in Brooklyn’s Bay Ridge neighborhood near a Catholic church — had ignored repeated orders by the OCM and other law enforcement authorities to stop operating, authorities said.

Rajkumar’s bill was officially introduced in the Assembly last week, but still lacks a sponsor in the legislature’s upper house. It’s unclear how soon it could move forward.

Since marijuana was first legalized in 2021, the state has licensed only 38 retailers. Cultivators and prospective retailers have complained that the rollout of the licensing has moved at a glacial pace.

Last year, new licenses were temporarily stalled as the state fought a lawsuit claiming that a program prioritizing applications by those formerly convicted of drug-related offenses was discriminatory. The state Cannabis Control Board voted to settle the lawsuit in November.

The OCM did not immediately respond to a request for comment.

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