REMARKS
Public Advocate Jumaane Williams addresses challenges in cannabis law enforcement
0:19:20
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4 min
Public Advocate Jumaane Williams discusses the challenges and concerns surrounding the enforcement of cannabis laws in New York City. He acknowledges the efforts to shut down unlicensed cannabis retailers while emphasizing the need for balanced enforcement that doesn't revert to aggressive policing tactics.
- Williams supports the enforcement measures but raises concerns about potential due process violations and aggressive tactics.
- He suggests considering transitional licenses for some unlicensed retailers to bring them under regulation.
- The Public Advocate stresses the importance of uplifting communities historically impacted by marijuana arrests while effectively shutting down illegal markets.
Jumaane Williams
0:19:20
Good morning.
0:19:21
My name is Giovanni Williams, and I'm the public advocate for the City of New York.
0:19:24
Thank you to chair brewer, chair Brandon, and members of the committee and oversight and investigations and finance for holding his hearing and for allowing me to share my statement.
0:19:33
Since New York State legalized adult use cannabis or recreational marijuana in 2021, unauthorized cannabis retailers have proliferated In part due to the slow rollout of license dispensaries throughout the city and state, up until April of this year, New York City had limited enforcement measures to curb the expansion of these unlicensed smoke shops, of which some estimates had at more than 2000 storefronts.
0:19:55
But the legalization of marijuana use investment in communities that were harmed by its prohibition was also part of the equation, including the distribution of retail licenses.
0:20:03
I said last year to the committee on consumer and worker protections, Perhaps we can, in addition to enforcement, consider the legitimization of certain unlicensed retailers via transitional licenses, which would place them under state regulations and ensure health and safety guidelines are followed and prevent sales for underage individuals.
0:20:22
This expansion could be done so in a way where direct profits and funds end up in the hands of individuals and communities harmed by the so called war on drugs.
0:20:30
The faster we close unlicensed shops, safely, the more we can grow, focus on the growth of the licensed cannabis market.
0:20:37
In April, the state announced an initiative that would allow law enforcement to pilot unauthorized cannabis shops and find the land loads of these properties.
0:20:44
Very rarely do you see the left, right, and the center, pleading for more support for enforcement of closing down these properties in legal shops, and it took way too long for New York City to get the tools that it needed.
0:20:58
This resulted in EMEA's operation pilot to protect a joint effort between the NYPD Sheriffs of office and department of consumer and worker protections.
0:21:07
As of August, the city shut down over 1000 legal smoke shops with a total of $75,000,000 in civil penalties.
0:21:15
I would say, I just the sheriff's department Even before this, during the pandemic, I've always said, the way the sheriff's department has shutting down things in the pandemic, up until late dealing with the marijuana, we had seen not as many complaints.
0:21:29
So I always wanted to give credit to the sheriff's department.
0:21:31
When NYPD was involved, we see a lot of complaints, not as many here, but there have been some issues and some concerns of late.
0:21:40
Perhaps it might be the drain process that's going on where some things have resembled some aggressive policing tactics and and do process violations.
0:21:49
So while there's been some positive moves with some concerns that are starting to grow, for instance, in May, law enforcement offices, including NYPD, into the Staten Island storefront and requested access to the back of the store, and the clerk asked to see a court order.
0:22:03
Officers disregarded the request, jumped over the counter, and shortly after the clerk was in handcuffs, and charged with obstruction of justice.
0:22:10
Notably, this occurred before any unlicensed cannabis products were found.
0:22:14
And in August, the judge also found due process violations and how the sheriff's office went about closing a convenience store accused of illegally selling cannabis.
0:22:22
Let me be clear.
0:22:23
We want law enforcement to have power and explicit guidelines as as well as the personnel to be able to do their job.
0:22:31
We wanna make sure that continues, and I wanna support that.
0:22:33
And, again, for the most part, it's been different the way the Sheriff's Department has done things in the NYPD.
0:22:40
I don't wanna see that stuff to change.
0:22:42
The purpose of enforcing violations on unlicensed shops is to prevent harm and support growth of those who have worked to operate a safe and regulated market for cannabis The legalization of cannabis in New York has a watershed moment aiming to rectify decades of over policing and injustice inflicted upon black and brown communities in particular.
0:22:58
With the closure of illicit smoke shops, we in the city must be careful not to fall back in the cycles of aggressive policing violations of New York's rights.
0:23:06
We can uplift those historically impacted by a low level marijuana risk entering an emerging market.
0:23:12
We can make sure that we have the power and resource we need to shut down the illegal markets.
0:23:17
And as the legal marijuana market grows, so will the city and state as it also means long standing inequities.
0:23:23
New York City will definitely be a better place for it.
0:23:26
Hopefully, you can address some of the the concerns that were there and also let us know what else we can do to help you to make sure you have what you need to be able to close these.
0:23:34
And hopefully, we don't use the incarceration tools when we don't have to.
0:23:39
We can just shut it down, power lock it, take the stuff that we need, and try to prevent it from opening again.
0:23:44
Thank you so much.
0:23:45
Appreciate it.
