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County attorney proposes landlord-eviction strategy to shut unlicensed cannabis retailers; public-safety panel to pursue plan
Summary
Tompkins County's attorney proposed using landlord-tenant eviction remedies under Real Property Actions and Procedures Law §715-a to target unlicensed cannabis retailers; the public-safety committee endorsed further study and coordination with the City of Ithaca.
Tompkins County officials said May 6 they intend to pursue civil landlord remedies to disrupt unlicensed cannabis retail operations rather than immediate criminal seizures.
Maury Josephson, the county attorney, told the legislature his office plans to identify properties hosting unlawful cannabis sales and use the landlord-tenant remedies in Real Property Actions and Procedures Law §715-a to notify landlords and, if landlords fail to act, step into eviction proceedings. Josephson said the approach can impose monetary penalties and remove premises available to illicit sellers without requiring on-scene seizures that pose logistical and evidence-handling challenges.
"The county has the right to step into the shoes of the landlord and pursue that eviction proceeding," Josephson said, describing the civil-path enforcement option and the practical limits of immediate criminal enforcement, such as evidence storage.
Members of the Public Safety Committee said they support a coordinated approach with the City of Ithaca and law enforcement to identify properties, track ownership and, where appropriate, pursue eviction and other civil remedies. Committee Chair Rich John said the county hopes to avoid high-profile raid scenarios and instead use a lower-cost civil enforcement path.
Some legislators cautioned that eviction remedies alone may not remove illegal products from circulation. Legislator Greg Mezey said civil actions could displace illegal sellers but do not confiscate illicit product. Legislator Shauna Black emphasized public-safety risks tied to some unregulated products and said proper packaging and testing are important public-health protections.
The committee agreed to continue discussions and to return with a more detailed enforcement plan. Public Safety Committee members also flagged the need for "mystery shopper" or other evidence-gathering work prior to civil filings and suggested that any final enforcement plan be reviewed in committee before litigation steps.
The county attorney said the initial work will focus on mapping the scope of the problem and identifying property owners; further enforcement will proceed after that review.
