A technicality could lead to changes in how the Sheriff’s Department in New York City handles raids on businesses illegally selling marijuana.

“Whether you get off on a technicality or substantive grounds, this statute requires that inspections be conducted during normal business hours,” said attorney Lance Lazzaro.

Lazzaro represents the owners of Cloud Corner in Queens, which was closed in late August after a raid by the city sheriff.

He said the business opened daily at 1 p.m.

But the sheriff conducted a raid 30 minutes before the business opened, finding marijuana, which a worker admitted to selling.

“If that business is closed, nothing is being offered for sale,” Lazzaro said.

A decision by the City's Office of Administrative Trials and Hearings said there was no unlicensed activity and recommended the sealing order be lifted. But the sheriff legally has the power to overrule the decision due to a 2021 law that gives him discretion.

“He’s acting as the judge, jury and executioner,” Lazzaro said.

Lazzaro challenged the sheriff’s decision in the State Supreme Court in Queens, claiming it was a denial of due process.

The judge agreed, saying it was unconstitutional.

Mayor Eric Adams reacted to the ruling this week.

“We’re going to do whatever we can do. The law was passed. We’re following the law and [Corporation] Council, I’m sure will look at the ruling,” Adams said.

In a statement, the state Office of Cannabis Management said in part:

“[This] will not affect OCM's ability to investigate or close illegal dispensaries. Our teams are on the ground across the state, working to keep communities safe.”

The city said it plans to appeal the ruling.

Lazzaro said they plan to sue for lost revenue.