PUBLIC TESTIMONY
Testimony by Lance Lazzaro, Attorney from The Lazzaro Law Firm LLC, on Enforcement of Cannabis Laws
2:29:27
·
5 min
Lance Lazzaro, an attorney representing smoke shops, testified about issues with the enforcement of cannabis laws in NYC. He argued that the current statute gives too much power to the Sheriff's office and creates a flawed system for fighting cases, potentially violating due process.
- Lazzaro highlighted cases where legitimate businesses were shut down for minor infractions, such as possessing a few pre-rolled joints.
- He criticized the appeals process, noting that even when businesses win their hearings, Sheriff Miranda can overrule the decision, leaving costly Article 78 proceedings as the only recourse.
- Lazzaro accused the Sheriff's office of backdating decision letters and keeping stores closed beyond the statutory limits, only reopening them when threatened with lawsuits.
Lance Lazzaro
2:29:27
I'd like to start.
2:29:28
My name is Lance Lazaro.
2:29:29
I'm not a business owner.
2:29:31
I'm an attorney that represents a lot of the smoke shops.
2:29:35
I'm here today because you've created a statute, and I'm not faulting you for creating the statute.
2:29:41
But you've created a statute that gives way too much power in the hands of the Sheriff.
2:29:46
And you've created a system of fighting these cases, which basically is flawed.
2:29:52
And I think the public needs to know about it, and I think the city council needs to know about it.
2:29:57
Most of the shops that I represent are Bodegas, that are legitimate shops, that are in areas that most Walgreens will never enter into, most supermarkets will never enter into.
2:30:10
So it's nice when sheriff from Miranda, and I don't call him sheriff from Miranda anymore.
2:30:14
I call him judge Miranda, comes before this try comes before this city council and tries to argue that there's some type of mechanism he uses, but there is absolutely no mechanism.
2:30:25
I've represented I've I've represented many stores and many of them, and I've also been a part of the Bell decision.
2:30:33
I was the attorney who argued that.
2:30:36
And I can probably enlighten you as to some of the issues you asked about counselwoman Brewer But what I will say is that I had a store that was closed down a few days ago that was caught with 3 pre rolls in their entire store where the entire store was legitimate And instead of the sheriff just issuing his summons and not closing it down, it now has to wait for a hearing for 5 days.
2:31:03
Excuse me.
2:31:04
We actually did the hearing in that particular case.
2:31:08
The summons was dismissed.
2:31:09
The hearing officer found no unlicensed activity.
2:31:14
He recommended that the sealing order be rescinded.
2:31:16
We now have to wait for sheriff Miranda, and I call him judge Miranda.
2:31:20
Whether or not to uphold that decision.
2:31:23
Now think about that.
2:31:24
A store could be selling 99.89% of their products that are legitimate, and they get caught with 3 marijuana pre rolls.
2:31:32
And yet the sheriff is sealing that place down for at least 5 days, and even if you win the hearing and you found not guilty of unlicensed activity.
2:31:42
And the sealing order is recommended to be lifted by the hearing officer.
2:31:46
4 days later, we get a decision by judge Miranda.
2:31:49
I'm not going along with it.
2:31:51
I'm keeping you closed for a year.
2:31:53
So what is this to a left to do at this stage to bring an article 78 proceeding?
2:31:58
Is it a cheaper saving?
2:32:00
Absolutely not.
2:32:00
You have to pay an attorney.
2:32:02
Most judges in the city of New York will put these hearings off for a month or 2 before you get it.
2:32:08
The only judge who actually looks at these cases is judge Kerrigan in Queens County, who actually has looked at the law and says you've appointed the sheriff Miranda as the judge, jury, and executioner.
2:32:21
Because he has made these hearings a farce.
2:32:24
Because even if you win at the hearings, he can overrule it, and the only recourse you left is to do an Article 78 proceeding, which can take months to get to.
2:32:34
And even when you win in the Article 78 proceeding, The city can automatically appeal it, and then it goes to the appellate division.
2:32:41
So these store owners that are actually serving communities that the Walgreens will never enter into, that having a 99.9% legitimate product are getting shut down.
2:32:53
Here's another one.
Anoor Luk
2:32:53
You need
Gale A. Brewer
2:32:54
to you need to wrap up.
2:32:55
Go ahead.
Lance Lazzaro
2:32:55
One bag of marijuana.
2:32:57
The entire store had legitimate products closed down.
2:33:01
One from yesterday where they came back for a second inspection.
2:33:05
They didn't close the store down.
2:33:06
3 hours later, they showed up at the store and closed it down.
2:33:10
The seizure report says 0 marijuana recovered.
2:33:15
I have a list of 15 to 20 cases, and I'd like you to ask sheriff Miranda at some point.
2:33:20
How many stores have won the summonses?
2:33:23
Have the summonses been dismissed?
2:33:25
And the ceiling orders have been recommended to be lifted that he is overruled even though he's not participating in these hearings.
2:33:33
Fine.
2:33:33
This committee has done away with due process in the how they how the statute was written.
2:33:39
And if the federal lawsuit ends up holding that this statute is unconstitutional, the monetary damage will be so much more significant to the city and state of New York if this statute is ruled unconstitutional.
2:33:53
The way the statute is written, it it it it puts way too much power in the hands of the sheriff.
2:33:59
It's a complete denial of due process and the way that the sheriff is administering it.
2:34:05
I've caught him on 6 cases.
2:34:06
Yep.
2:34:06
And I think you should hear this.
Gale A. Brewer
2:34:08
Okay.
2:34:08
But that's why they're very aware of this situation.
Lance Lazzaro
2:34:10
No.
2:34:10
Really, how about this?
2:34:11
6 stores that lost it off?
2:34:15
They're supposed to render a decision within 4 days of the hearing, the Sheriff.
2:34:19
The decisions came anywhere from one day to a week late.
2:34:23
He back dates the letter and keeps the store closed.
2:34:26
When I call him out on it and I'm gonna sue him, All six stores get left get reopened.
2:34:31
Okay.
2:34:32
There's power corrupts and and and the way the statute is written Okay.
2:34:37
Has has really not dealt with the the mayor of the cannabis stores or the the stores that are strictly cannabis.
2:34:43
They're shutting down numerous legitimate babies.
Gale A. Brewer
2:34:46
You understand what you're saying?
2:34:47
Thank you very much, sir.
2:34:48
Next.
