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Board endorses legal route to close unlicensed cannabis stores and approves maximum fines for flavored-vape violations
Summary
The Tompkins County Board of Health discussed using landlord-eviction provisions under New York law to close unlicensed cannabis retailers and unanimously approved enforcement penalties for flavored-vape violations and sale to underage persons at the maximum amounts allowed under state guidance.
Tompkins County officials on the Board of Health meeting discussed legal steps to shut unlicensed cannabis retailers and approved an enforcement action that set penalties for flavored-vape violations at the maximum amounts allowed under state rules.
Board members discussed pursuing eviction actions under the Real Property Actions and Proceedings Law (RPAPL) section 715-a to force landlords to remove tenants who operate unlicensed cannabis sales. Paulia, a county legal staff member, explained the procedure: "The real property actions and proceedings law ... provides for it. We would give the landlord notification, that they need to evict that tenant who has engaged in unlicensed cannabis sales. And if they don't do it within 5 days, we can do it for them. And we would just file a petition with the court, go to court, and, the judge would issue an order of eviction." The board discussed coordination with the sheriff's office and the county attorney.
Separately, the board reviewed civil penalties for flavored-vape violations and sales to underage persons. Liz, representing environmental health, described the penalty structure in detail: "The penalty is 1,500 for the sale to person 21. Right. That is the maximum we can charge for an initial sale... and then there is the 250 surcharge per violation... there is a maximum of a hundred dollars per vape product." The board voted to approve the enforcement action; the chair said the vote was unanimous.
Board members noted legal distinctions between enforcement options: RPAPL §715-a applies specifically to unlicensed cannabis sales and works through landlord-tenant eviction procedures, while enforcement of flavored-vape sales typically falls to civil penalties or state-level actions when minors are involved. Paulia clarified that selling flavored vapes is primarily a civil enforcement matter and that criminal charges for selling to minors are handled differently and may require state action.
Board members asked whether shutting stores would prevent them from converting to licensed operations; legal staff said the eviction route is primarily aimed at stopping unlicensed sales quickly and may require substantial initial effort to shut down multiple locations. The board directed staff to proceed with the enforcement action approved at the meeting.
