One mayoral candidate isn’t giving the city much credit for cracking down on illegal marijuana stores.
City Auditor Brad Lander has opened an investigation into rival Mayor Eric Adams’ high-profile “Operation Padlock” program, which has shut down about 800 unlicensed marijuana dispensaries in the city since mid-May.
Mayor Lander announced the “Operation Padlock” investigation in a letter to City Sheriff Anthony Miranda on August 1, two days after officially announcing his intention to run against Mayor Adams in the Democratic primary for mayor.
Some politicians and government analysts say the move reeks of a conflict of interest, especially as Lander seeks to unseat Adams.
Lander’s letter, obtained by The Washington Post, said the study would “examine the enforcement of the law prohibiting the unauthorized retail sale of marijuana and its financial impacts to the City.”
Lander requested information and records regarding complaints, inspections, violations, enforcement actions (including the installation of padlocks and items confiscated) and fines levied by the city.
The auditors were particularly interested in any information the sheriff’s office or other mayoral agencies had regarding landlords or property owners of buildings where marijuana was being sold illegally.
“What records does the Sheriff’s Office keep about individuals and businesses that rent premises where illegal marijuana products are sold?” Lander asked.
Businesses accused of illegally selling marijuana have the right to challenge their closure through the city’s Office of Administrative Adjudication and Hearings (OATH).
“How many retail establishments are known to the Sheriff’s Office that have illegally reopened following enforcement action?” Lander wrote in his request to the sheriff.
“Does the sheriff’s office know how many retail stores have since reopened?
Was your appeal to an OATH administrative law judge successful?
In his letter, Lander suggested the marijuana investigation was not intended to embarrass the Adams administration but to strengthen Operation Padlock.
“We understand this is a high-profile undertaking with many complex components, and we are focused on ensuring you have the resources you need to make a sustainable, long-term impact in New York City’s best economic interest,” Lander wrote to Miranda.
Lander first contacted the sheriff seeking information about marijuana enforcement on July 3. Deputy Sheriff Warren Glover sent Lander a response on July 11, asking for clarification on whether the inspector general was conducting an “audit” or an “investigation.”
Lander said Aug. 1 that this remains under investigation.
A spokesman for Mr. Lander insisted Sunday that the auditors are fulfilling the job they were elected to do.
“In New York City, illegal marijuana shops are increasingly reopening as quickly as the city is shutting them down,” the spokesperson said. “We sent our initial letter to the New York City Sheriff shortly after the new state law went into effect so we could monitor the city’s enforcement of the new law.”
The marijuana enforcement program is not without controversy: In a stunning whistleblower lawsuit obtained by The Washington Post, a former deputy sheriff alleged that the city’s marijuana enforcement officers were making illegal marijuana busts.
But one political consultant argued that Lander now has a clear conflict of interest in investigating his political rival, Adams.
“This is outrageous. It’s ridiculous,” said Hank Sheinkopf, a veteran campaigner and public relations expert.
“If Lander wants to run for mayor he should resign. He can’t audit his opponent. This is a conflict of interest. Completely unethical.”
Queens Councilman Robert Holden also said he questioned the value of the audit Lander’s office would conduct of Adams’ administration.
“Everyone should be skeptical of Lander’s actions. He’s running for mayor,” Holden said.
“Everything he does will be aimed at making Mayor Adams look weak or making him look suspicious.”
A City Hall spokesman said the mayor’s office will “comply” with the auditor’s investigation.
Sheriff Miranda, the lead agency on marijuana enforcement, also vowed to cooperate with the investigation.
“The support of our elected officials and the community has been instrumental in helping us achieve our goals,” Milana told the Post. “The Comptroller’s notice of the investigation came as a surprise, especially given our success, but our office will comply with the investigation’s requests.”
Legislation legalizing recreational marijuana sales was approved by former Governor Andrew Cuomo and the state Legislature in March 2021.
But the law is poorly enforced, and officials estimate that as many as 250 smoke-supply stores are selling marijuana illegally in the city, crowding out the budding legal market. There are currently more than 150 licensed marijuana businesses in the state, about 70 of which are in the city.
Gov. Kathy Hawkle and lawmakers approved legislation earlier this year that makes it easier for regulators and law enforcement to raid and lock down illegal stores.
Hoekl and Adams held several press conferences about the increased enforcement.
City Councilwoman Gayle Brewer (D-Manhattan), who chairs the City Council’s Oversight and Investigations Committee, praised the recent crackdown on unlicensed marijuana stores, including many in her Upper West Side district.
But she did not doubt Governor Lander’s investigation into the marijuana padlock program and said she would hold her own committee hearing on marijuana policing on September 17th.
City officials said they have assessed $65 million in civil penalties against violators, but Brewer wants to know how much of that went into city coffers, and she added that she suspects violators are refusing to pay.
“I’m interested in getting money,” Brewer said.
