One Buy Is Not Enough: What Two Recent Cannabis Eviction Decisions Tell Commercial Landlords
- Eric Pitter
- Apr 5
- 1 min read
Two recent decisions from Judge Zellan in New York County Civil Court tell the whole story of commercial cannabis eviction cases.
Same judge. Same core question. Different outcomes. The difference was the evidence.
To evict a commercial tenant for unlicensed cannabis sales, you need to prove "customary and habitual" illegal use. Those words have meaning.
In one case, the landlord proved a single instance of cannabis sales over a 48-hour window. One day of enforcement. The court dismissed it. Too thin.
In the other, the landlord came in with two undercover buys on different days, bodycam footage, a storefront lit up with cannabis signage, and roughly 100 photographs from two separate Sheriff's Office visits showing shelves of labeled product. The tenant put up no witnesses. Judgment for the landlord.
The lesson is straightforward. One catch is not enough. You need a record that shows the illegal use was the way the business operated, not an isolated slip.
When it comes to unlicensed cannabis cases, build the case first. Then file.
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