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Joint Sting Operation Between Piermont Police Department And NYS Office of Cannabis Management Uncovers Unlicensed & Illegal Sale Of Marijuana, Sales To Minors
By Tina Traster
Peter Helou and his business partner in 2023 drew the lucky straw. He was one of thousands of applicants to be reviewed early on by the New York State Office of Cannabis Management for approval to open an adult-use retail cannabis dispensary.
Helou, the former Piermont Chamber of Commerce president, moved quickly to rent space at 501 Route 9W, a reconstructed garage with two retail units. Helou has spent more than a year planning to open Highland Gallery, a combined art gallery and retail cannabis dispensary.
To his chagrin, and to the annoyance of at least a dozen residents nearby, it seemed another cannabis retailer 500 feet north of his location had beat him to the punch. However – and this was no surprise to Helou – the Hazy Joint Smoke Shop at 71 North Route 9W had no legitimate cannabis license in place, no approval from New York State to operate. The retailer was simply one of thousands of illegal marijuana sellers statewide, adding to the confusion and chaos over New York’s bumpy rollout of legalized weed.
Illegal pot shops in New York City have been garnering most of the media attention but now the Hazy Joint is padlocked, the marijuana has been seized, and the owners and employees are facing civil, and possibly, criminal penalties. The Piermont Police Department and the Office of Cannabis Management secured the closure with a joint sting operation.
“We did everything the right way,” said Helou. “We’ve paid thousands of dollars to do this the right way. To see the village step up and do the right thing will allow us to officially move forward.”
Piermont Mayor Bruce Tucker acknowledged the hardship Helou has faced.
“Peter has a license, but this delayed the opening of a legal dispensary because he was afraid to put money into the building. He was waiting for the Hazy Joint to be shut down before he could move forward.”
Piermont Police Chief James Hurley says the Hazy Joint was served a warrant on Sept. 24. Incorporation papers filed in the county for the Hazy Joint list Khalil Fanek of Yonkers and Ali Alsaidi of 71 US-9W as agents and incorporators.
Hurley said the sting was a joint effort.
“OCM was there to assist because we are not allowed to remove product or padlock the door,” Hurley said. The sting involved both undercover police officers as well as supervised minors purchasing cannabis. Hurley said the Rockland County Society for the Prevention of Cruelty to Children also partnered with the sting.
“There were well over eight times we went into the establishment,” said Hurley. “Our informants buy the product, and we test it to make sure it tests positive for THC. They were selling edibles and marijuana.” The Hazy Joint was also selling tobacco, pipes, and other accessories, which are legitimate items.
Hurley said the sting netted at least 100 mylar envelopes.
“Right now, it’s in local court, but depending on the weight, it might be a felony if it weighs 16 ounces or more,” said Hurley. That would mean the case would move to Rockland County Supreme Court.
The Village of Piermont was the first Rockland County municipality to opt in on cannabis dispensaries while opting out on cannabis lounges in 2021. At the time, Nyack, along with Village of Haverstraw, the Town of Haverstraw, Hillburn, and a few Ramapo villages embraced opening dispensaries as an economic stimulus to the local economy. Four of the five Rockland towns and most of the Rockland villages passed laws to opt out.
In the wake of opting in, villages like Nyack and Piermont crafted zoning laws to regulate where dispensaries can be sited and hours of operation. Piermont only allows cannabis sellers on the short stretch of 9W between Helou’s intended location and the Hazy Joint’s small strip mall. New York State forbids cannabis sales within 500 feet of a school or 200 feet from a house of worship. It also bars a cannabis retailer to open within 2,000 feet of another retailer.
Towns and villages can regulate cannabis operation through zoning codes, including limitation on time, place and manner, but only county and city governments can adopt laws to regulate unlicensed cannabis businesses, including padlocking, emergency padlocking, and seizure powers, so long as the local law ensures consistent enforcement and procedures to conduct inspections, hearings, and padlocking procedures that mirror OCM’s.
Piermont police and public officials for months fielded complaints about the Hazy Joint from neighboring residents.
“We were hearing about noise, traffic, loitering, littering, using product in the parking lot,” said Hurley.
With the passage of the 2024-2025 state budget, New York state added new powers for New York City, and other cities and counties, to take action against illegal cannabis sellers. Governor Hochul gave the Office of Cannabis Management (OCM) the authority to padlock businesses that sell illegal cannabis and/or pose a threat or safety risk to consumers.
Legal and illegal sellers can be shut down for sales to minors, unlicensed processing of cannabis, sales in proximity to schools, houses of worship or public youth facilities, selling products that lead to illness or hospitalization, or selling untested or unlabeled cannabis products.
Counties and cities are able to adopt their own laws related to regulating unlicensed cannabis businesses and pursue closures and seizures. Hearings are required in city or county courts within three days of emergency padlocking and a court decision within four days after the hearing.
County and city governments can initiate emergency proceedings with orders to cease illicit activity against both businesses and landlords.
But, even with the new expanded powers, village and town police departments are unable to go after perpetrators on their own or pass laws relating to regulating unlicensed cannabis businesses. They must work with the county or the Office of Cannabis Management.
In August, Rockland County authorities raided a smoke shop on 48 Broadway in Haverstraw for alleged illegal cannabis sales. The warrant and arrest involved multiple agencies. including The Rockland County District Attorney’s Office, Homeland Security Investigations, New York State Tax and Finance, New York State Office of Cannabis Management and the Town of Haverstraw Police Department.
“The Village Board and I are proud and grateful to Police Chief Hurley and our outstanding officers who worked on this investigation to get the illegal smoke shop permanently shut down,” said Tucker.
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