ASSEMBLYWOMAN JENIFER RAJKUMAR’S STATEMENT ON “SMOKEOUT ACT” PASSING IN THE STATE BUDGET

 

I am proud to announce that we have achieved victory. Today, after weeks of negotiations, my SMOKEOUT Act will pass in the state budget. The law will be effective immediately, and will allow us to quickly close the approximately 36,000 illegal smoke shops that have ballooned across our state.

These past few months, I launched “Operation: SMOKEOUT” that brought New Yorkers together across all 5 boroughs and backgrounds with the common cause of shutting down these illegal shops. Today is a historic victory for public safety, common sense, and the health of our children. The people have spoken, and Albany has listened.

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. 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.

Additional details of the provisions in the budget include the following:  

Localities can padlock a shop immediately provided that the shop is an “egregious actor,” defined as falling into any one of four categories: 1. Selling cannabis to children 2. Operating next to a school 3. Selling unregulated cannabis 4. Having the presence of illegal firearms.

Illegal shops that do not fall into one of the above categories can be closed upon a second inspection. Any previous inspection conducted before the passage of this law counts for the purposes of padlocking.

Violating a padlock order is now a Class A misdemeanor.

In the interests of fairness, there are due process provisions that give violators a chance to cure and be heard. Violators can file an appeal within 7 days. They are entitled to a hearing on the appeal within 3 days of filing. A decision on the appeal must be rendered 4 days after the hearing. Failure to appeal leads to a default judgment against the violator.

Municipalities outside New York City will have the power to create their own cannabis enforcement schemes by passing new local laws.

I would like to thank Governor Hochul, Speaker Carl Heastie, Majority Leader Andrea Stewart-Cousins, and Mayor Eric Adams for their partnership in making the SMOKEOUT Act the law of the land.