Attorney General James, Governor Hochul, Office of Cannabis Management Shut Down Unlicensed Cannabis Store in Brooklyn

NEW YORK – New York Attorney General Letitia James, Governor Kathy Hochul, and the Office of Cannabis Management (OCM) today shut down a cannabis store in Bay Ridge, Brooklyn, Big Chief Smoke Shop, for operating without a license. Big Chief sold cannabis for months without a license and ignored repeated orders by OCM and other law enforcement authorities to stop operating. Investigators from OCM and the New York State Department of Taxation and Finance (DTF) inspected the store on two occasions and confiscated more than 600 pounds of cannabis and cannabis products that were not tested by OCM. In addition to shutting down the store, Attorney General James and OCM are seeking penalties from the store owner and the owner of the building where the store is located for allowing an unlawful business to operate on the property. The store’s owner could be fined millions of dollars in penalties as a result of today’s action. This is the ninth unlicensed cannabis store shut down by Attorney General James and OCM.  

“Unlicensed cannabis stores selling unregulated products pose a health risk to New Yorkers and hurt the businesses that are following the rules,” said Attorney General James. “New Yorkers who buy and use cannabis shouldn’t have to worry about the quality and safety of the products they are purchasing, which is why all shops must be licensed and regulated. Cannabis businesses, just like any other industry in New York, must follow rules and regulations to safely operate and pay their fair share of taxes. Public health and safety are a top priority, and Governor Hochul and I will continue to go after those who try to harm our communities.”

“We have no tolerance for illicit retailers who break the law and undermine our nation-leading adult-use cannabis industry,” said Governor Hochul. “This site egregiously violated New York's cannabis laws and I'm proud to be working with the Attorney General to shut this down. With Brooklyn's first legal cannabis retailers opening this month and illegal shops continuing to close, we are turning the corner toward building a stronger, safer cannabis industry.”

“Enforcement teams from OCM and DTF have worked diligently to shut down illicit cannabis businesses in every corner of the state,” said Chris Alexander, Executive Director, New York State’s Office of Cannabis Management. “They have now conducted hundreds of regulatory inspections resulting in the seizure of significant quantities of illicit cannabis. Thanks to action taken by the Governor, the Attorney General and the Legislature, we are able to pursue permanent closures for New York’s most egregious illicit operators. We have a lot of work to do but we will continue to protect what we are building and to ensure that revenue intended to rebuild communities isn’t lining the pockets of these operators who are selling untested and unsafe products that threaten the public health of New York’s cannabis consumers.”

“Big Chief has not only flouted New York's cannabis laws, but they have also been a perpetual bad neighbor,” said State Senator Andrew Gounardes. “I'm relieved that they are finally facing serious state action and will face accountability. When the state legislature passed laws to strengthen enforcement, this is exactly what we had in mind. I want to thank Attorney General James and Governor Hochul for finally bringing this petition to close Big Chief and for staying committed to making sure that our legal, licensed shops are the only ones with products on the market.”

“While I have always supported the legalization and regulation of marijuana, the young legal industry in New York has been undermined by illegal stores opening everywhere and masquerading as legitimate dispensaries,” said New York City Council Member Justin Brannan. “These illegal pot shops have stolen tax revenue from the state, and they have stolen business from small, legal dispensary owners who follow the law and operate in good faith. If we care about a strong and safe legal marijuana industry in New York, then we must shut down the bad actors. Despite multiple raids and temporary closures, Big Chief has brazenly flouted both the law and an outrageous number of neighborhood complaints in operating their illegal shop. For the sake of our community, and the New York legal marijuana industry as a whole, today we are holding Big Chief accountable. I want to thank the Attorney General, the Governor, and their teams for working with us so closely to get this done once and for all — a big community victory.”

New York’s Cannabis Law requires any person who cultivates, processes, or sells any cannabis product to be registered and licensed by the New York State Cannabis Control Board (Cannabis Board). Cannabis products sold by unlicensed businesses are not OCM-tested, can be unsafe, are not taxed, and may not be in child-resistant packaging. The law authorizes OAG, upon request by OCM, to bring a proceeding against any person who violates the Cannabis Law.

Big Chief Smoke Shop has been selling cannabis without a license since at least November 2022. In August 2023, OCM and DTF investigators inspected the store and found that the store was selling cannabis flower, concentrates, vapes, edibles, and pre-rolls without having a license to sell cannabis issued by OCM. The investigators confiscated approximately 161 pounds of cannabis flower, 137 pounds of cannabis-infused product, 108 pounds of concentrated cannabis, and 60 pounds of cannabis pre-rolls. The OCM issued a Notice of Violation and Order to Cease Unlicensed Activity to the store’s owner for operating without a license and posted the Notice of Violation and Order to Cease Unlicensed Activity along with warning notices informing the public of the dangers of illicit cannabis on the front windows of the store. In a follow-up inspection in October, OCM investigators observed that the documents OCM posted on the front windows of the store were covered over and that the store was still actively selling cannabis. At the October inspection, investigators seized more than 200 pounds of illicit cannabis and issued another Notice of Violation and Order to Cease Unlicensed Activity.

Local community leaders have vocally opposed Big Chief Smoke Shop and the local community board passed a unanimous resolution to shut down unlicensed stores in their neighborhood.

The petition filed by Attorney General James seeks to immediately shut down Big Chief Smoke Shop and stop the owner from distributing, delivering, dispensing, and selling cannabis products in New York. In addition, the petition seeks to require the store owner to pay penalties for violating New York’s Cannabis Law. The Cannabis Law imposes a penalty of up to $10,000 for each day in which an individual sells cannabis without a license, and a penalty of up to $20,000 for each day an individual continues to sell cannabis after receiving an order to cease operating from OCM.

In addition, the petition seeks civil penalties from the building owner where Big Chief Smoke Shop is located for permitting an unlawful business to operate within their property. The building owner was previously notified that an unlawful business operated within their property, and yet Big Chief Smoke Shop has continued to remain open for more than a year. Under the Cannabis Law, building owners can be fined a penalty of $10,000 per day for allowing the unlicensed sale of cannabis at their property.

Last month, Attorney General James, OCM, and DTF shut down an unlicensed cannabis store in Ontario County. In July, Attorney General James and OCM took action to shut down eight unlicensed cannabis dispensaries in Cayuga, Oswego, and Wayne counties that were also illegally selling cannabis to underage customers.

This matter is being handled by Assistant Attorneys General Rudolph Baptiste and Deborah Diamant, of the Suffolk and Brooklyn Regional Offices, under the supervision of Assistant Attorney General in Charge Michael Barbosa with support from Investigators Crystal Combs and Crystal John. The Division of Regional Affairs is led by Deputy Attorney General Jill Faber and overseen by First Deputy Attorney General Jennifer Levy.