Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, alongside Partner Jed Weiss and Associate Natalie Diaz, were highlighted in a Times Union article published on November 18, 2024, for his critical role in defending New York hemp store owners against what he calls unconstitutional enforcement actions by state regulators.
A recent state Supreme Court ruling granted a temporary restraining order allowing two Manhattan hemp shops to remove “illicit cannabis” signs placed by regulators after raids. The decision underscores growing judicial skepticism of enforcement tactics by the Office of Cannabis Management (OCM) and the New York City Sheriff’s Office.
“The courts are confirming what we’ve been arguing — this all is unconstitutional and needs to stop,” Bauchner said.
Challenging Unconstitutional Actions
At issue are raids and product seizures targeting licensed hemp retailers without proper hearings. In many cases, regulators ignored administrative rulings favoring shop owners. For example, a Queens store was improperly shut down for a year, prompting a judge to criticize the sheriff’s ability to overrule administrative decisions as a violation of due process.
These enforcement actions, often involving armed officers, have included turning off surveillance cameras and threatening employees. Many stores had their products seized under unclear state regulations, despite federal laws allowing hemp with less than 0.3% delta-9 THC.
“Legal hemp retailers are being treated like unlicensed marijuana dispensaries,” Bauchner noted. “This disorganized dragnet is devastating lawful businesses.”
What’s Next?
The broader legal challenge, pending in Albany, seeks to halt these raids and enforce fair treatment of hemp retailers. Bauchner’s team continues to fight for accountability and due process in New York’s cannabis industry, advocating for the rights of licensed business owners navigating the state’s evolving regulations.
To contact our team you can call us at 646-369-0250 or email cannabis@mblawfirm.com.