Joshua S. Bauchner serves as the chair of the Cannabis, Hemp and Psychedelics Practice Group and is a partner in the Litigation and Bankruptcy practice groups. He brings a depth of experience and dedication to his practice, where he is involved in complex commercial and securities litigations, class actions, and bankruptcy-related issues. His areas of specialization include:

·        Enforcement of commercial contracts such as lease agreements, guaranties, purchase and sale contracts, and commission agreements.

·        Litigation of partnership disputes.

·        Class action prosecution and defense.

·        Claims originating from insurance coverage denials.

·        Employment litigation including FLSA, ADA, ADEA, Title VII, and analogous state law claims.

·        Defense against commercial landlord/tenant and foreclosure actions.

His extensive experience is also evident in representative matters, ranging from construction and design defect claims to defending corporate clients against securities fraud claims presented by the SEC and DOJ to litigating adversary proceedings in bankruptcy. He also successfully handled numerous appeals in state and federal court.

In the ever-evolving area of psychoactive substances, Josh was instrumental in co-hosting the inaugural Cannabis Symposium in New Jersey, attracting nearly a thousand attendees, with subsequent symposia continuing to garner attention. As a notable member of the New Jersey State Bar Association Cannabis Law Committee, the NORML Legal Committee, and the Amicus Committee, he received the New Jersey Law Journal’s Innovator of the Year Award.*

After graduating from law school, Josh had the honor of clerking for the Honorable Ursula Ungaro at the United States District Court for the Southern District of Florida.  He also served as the Deputy Director of the Legal Division at the New York City Department of Consumer Affairs.

A passion for education and community development, as a licensed real estate instructor in New York, he educates aspiring real estate professionals, and he has served as an adjunct professor at Brooklyn Law School.  Josh also is deeply involved in his community. He was appointed by the Manhattan Borough President to Manhattan Community Board 10, where he served as the Board’s treasurer and co-chaired the Committee on Land Use. Additionally, he played an active role on the Board of Trustees for Wheaton College, the New York Theater Ballet, Frederick Douglass Boulevard Alliance, and the Harlem Wellness Center.

He is admitted to practice in both New York and New Jersey as well as the United States District Court of Michigan, the United States District Courts for the Southern, Eastern and Western Districts of New York, the United States District Court for the District of New Jersey as well as the United States Court of Appeals for the Second and Third Circuits.

In addition to his professional endeavors, Joshua’s thoughts and perspectives have been featured in numerous publications, shedding light on diverse areas such as cannabis laws, creditors’ rights in bankruptcy, and the intricacies of negligence claims.

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the standard or methodology used by the New Jersey Law Journal, can be found here.

New Jersey Law Journal’s Innovator of the Year Award

“Peddling Fiction: Update on Putative Class Action Against NJM” Thomas Greco Publishing Inc. (March 14, 2024)

“NJ’s Driving-High Laws Under debate” NJ Spotlight News (March 6, 2024)

“Hemp Companies sue New York over industry rules, “selective” enforcement” Green Market Report (March 4, 2024)

“Lawsuit Accuses NY Pot Regulators of Shuttering Big Part of Hemp Industry “Overnight”” Law.com (March 4, 2024)

“Bill would force drivers to provide blood sample if suspected of driving high” New Jersey Monitor (February 29, 2024)

“Attorney Helps Cannabis Clients Steer Way Through A Legal Maze” Primerus (January 30, 2024)

“NJ Supreme Court Lowers the Reliability of “DRE” Protocol, Harming Minorities” Law.com (January 24, 2024)

“New Jersey Cases To Watch In 2024” Law360 (January 1, 2024)

“SCOTUS Confronted with Racist and Discriminatory History of Cannabis Criminalization” (October 16, 2020)

“Managing Medical Marijuana in the Workplace,” GreenEntrepreneur (April 3, 2019)

“Staying Ahead of New Cannabis Laws,” IndustryWeek (March 28, 2019)

“New Jersey’s Cannabis Industry Is Growing: Where Does It Grow from Here?” High Times Magazine

“Creditors Rights in Bankruptcy: How to Keep from Losing Your Shirt,” Retail Info Systems (Feb. 20, 2019)

“NJ Arbitration Ruling Puts Burden On Employers” (April, 5, 2018)

“The NJ Construction Lien Law: A Powerful, Equitable Tool,” New Jersey Law Journal (Oct. 3, 2016)

“Brokers Beware: NJ Real Estate License Act has Strict Requirements,” New Jersey Law Journal (Feb. 29, 2016)

“The Linear Construct of A Negligence Claim,” New Jersey Law Journal (March 23, 2015)

“Let Them Plead in the Alternative,” New York Law Journal (Sept. 12, 2014)

“The False Hope of Lost Profits Damages,” New York Law Journal (Sept. 27, 2013)

“Fending Off The Appointment of a Receiver,” New Jersey Law Journal (July 1, 2013)

“Bankruptcy Trustee’s Avoidance Rights Are Nearly Limitless,” Law360 (Oct. 22, 2012)

“Spotlight on Section 550 of the Bankruptcy Code,” Law360 (July 18, 2012)

“The Forgotten Bank Holding Company Act of 1972,” Law360 (June 12, 2012)

  • New York Bar
  • New Jersey Bar
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the District of New Jersey
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit

Brooklyn Law School, J.D., magna cum laude, 2001

Wheaton College, B.A., cum laude, 1995

From Vision to a Brooklyn Cannabis Business

November 28, 2023

Our client, Kendall had a vision for a New York cannabis business, which she discussed during her estate planning sessions with Shawn McClelland from our Tax, Trusts, and Estates practice group. Recognizing the potential, Shawn introduced her to Joshua S. Bauchner, Chair of our Cannabis and Psychedelics Practice Group.

Restricting Employer Access to Employee Social Media

April 11, 2024

In their recent piece for the New York Law Journal, Joshua Bauchner and Jed Weiss of Mandelbaum Barrett PC dive into the complexities surrounding a fresh New York Statute aimed at curtailing employer intrusion into employee social media and introducing notification mandates. This legal development arises from alarming accounts of employers soliciting social media credentials, such as usernames and passwords, from job seekers, effectively making it a prerequisite for employment and, in certain cases, leading to employee dismissal.

The Latest in the Fight Against NJM

April 9, 2024

In their article for New Jersey Automotive Alliance, Bauchner & Peyzner detail a class action lawsuit by three auto body shops against New Jersey Manufacturers Insurance. The shops accuse NJM of defamatory practices and unfair steering of customers, citing violations of AICRA regulations. This legal battle underscores broader concerns about market fairness and ethical business conduct.

Breaking News: Albany County Supreme Court Invalidates New York State Cannabis Regulations

April 4, 2024

In a remarkable legal development, an Albany County Supreme Court judge has nullified all regulations for adult-use cannabis in New York State, challenging the foundational efforts of the NY Office of Cannabis Management (OCM). This decision, ruling the regulations as arbitrary and capricious, brings to light serious doubts regarding the proficiency and effectiveness of the state's cannabis regulatory framework. Originating from a lawsuit by Leafly Holdings, Stage One Dispensary, and a consumer dependent on Leafly for informed cannabis purchases, the judgement by Judge Kevin Bryant significantly impacts sections crucial for the governance of New York's adult-use cannabis market.

Welcome to The High Road Chronicles: Navigating Cannabis Law in Our State

March 28, 2024

Three years post-legalization, the discourse on driving under cannabis influence evolves. Law enforcement seeks effective impairment detection. Proposed legislation mandates blood tests for suspected drivers. Yet, Joshua S. Bauchner caution against it, citing scientific inconclusiveness. Amidst debates, understanding the nexus of cannabis, law, and civil liberties remains pivotal.

The Science and Legal Challenges of DREs and WIREs in New Jersey

March 27, 2024

In New Jersey, a new mandate requires every employer, from small landscaping businesses to large pharmaceutical companies, to train personnel as Work Impairment Recognition Experts (WIREs) to assess employee impairment. Josh Bauchner discusses the substantial burdens this places on businesses and explores the recent State vs. Olenowski ruling by the New Jersey Supreme Court. This decision affects legal standards and workplace policies, potentially altering how businesses operate within the state.

Overnight Overhaul: NY Hemp Industry Faces Sudden Shift

March 14, 2024

In New York's dynamic hemp regulatory landscape, Joshua Bauchner and Chris Zona of Mandelbaum Barrett PC spearhead a legal battle defending small businesses against abrupt THC regulations. Their civil rights complaint challenges constitutional violations, spotlighting the broader impact on emerging industries and the delicate balance between state and federal law.

Compulsory Blood Tests for Suspected High Drivers

March 14, 2024

In New Jersey, a contentious bill proposes automatic consent to blood tests for drivers suspected of cannabis use, with a THC threshold of 3 nanograms per milliliter. Joshua Bauchner and Chris Zona of Mandelbaum Barrett PC critique this, highlighting the challenge of equating cannabis impairment to alcohol's .08 blood alcohol concentration. They stress that THC's persistence in the bloodstream makes current impairment assessments unreliable and unfair. Advocating for evidence-based standards, they engage with legislators and the public to foster a law that balances road safety with individuals' rights, challenging the bill's approach amidst New Jersey's legal cannabis landscape.

New York’s Hemp Industry Faces Legal Battle Over Regulatory Restrictions

March 6, 2024

The hemp industry in New York faces dire challenges, battling against regulatory measures that have severely crippled operations. A federal civil rights lawsuit alleges unjust restrictions imposed by the Cannabis Control Board, disrupting businesses and sparking legal backlash. Stakeholders fight for fairness, seeking to overturn regulations hindering growth and innovation.

New Jersey Proposes Bill Mandating Blood Tests for Suspected Marijuana-Impaired Drivers

March 6, 2024

A proposed bill in Trenton aims to tighten regulations on suspected marijuana impairment while driving, requiring drivers to submit to blood tests upon law enforcement request. Led by Sen. Shirley Turner, the bill seeks to set a THC cutoff at 3 nanograms, mirroring other states' regulations. Critics raise concerns about testing reliability and advocate for a comprehensive approach.

Green Horizons: Cannabis Newsletter

March 5, 2024

Catch up on the latest in the cannabis and psychedelics sectors with our newest newsletter. It’s been a busy few months since October, filled with growth, learning, and significant achievements in the Cannabis Hemp and Psychedelics space. Stay informed on the recent developments, insightful articles, and upcoming events that are shaping the future of the […]

Legal Victory: Dismissal of Bankruptcy Trustee’s Claim Against Client in High-Stakes Contract Dispute

March 1, 2024

Mandelbaum Barrett PC partner Joshua S. Bauchner and Vincent J. Roldan recently achieved a legal triumph, securing the dismissal of a lawsuit filed by a Bankruptcy Trustee against their client. The case centered on a 2018 contract related to a sanitation project in New York, from which the Trustee sought to recover funds despite the debtor's clear breaches of contract. The team's strategic arguments highlighted flaws in the lawsuit's foundation, leading to its dismissal and protecting their client from further liabilities linked to the debtor's failures.

Navigating the Road Ahead: Voicing Concerns Over Proposed DUI Legislation

March 1, 2024

In the ongoing discourse surrounding legislative measures addressing impaired driving, New Jersey's proposed bill mandating blood samples from suspected cannabis-impaired motorists raises alarms among experts. Critics argue it could disproportionately impact communities of color and lacks scientific validity. Collaborative, equitable policy-making is essential in navigating this complex intersection of cannabis and road safety.

Mandelbaum Barrett PC Partners Spotlighted in New York Journal of Law for Insights on Landmark Social Media Privacy Legislation

February 27, 2024

On September 14, 2023, Governor Kathy Hochul signed Senate Bill S2518A into law, introducing significant changes to New York's Labor Law with the addition of Section 201-i, set to take effect on March 12, 2024. This legislation prohibits employers from requiring job applicants or employees to provide access to their private, personal social media accounts. Aimed at protecting individual privacy and preventing discriminatory hiring practices, the law outlines specific prohibitions, including the demand for usernames, passwords, or other authentication means for personal social media accounts, while also detailing exceptions for business-related accounts and devices financed by the employer.

Joshua Bauchner Featured by the International Society of Primerus Law Firms

February 13, 2024

Joshua Bauchner, attorney at Mandelbaum Barrett PC and Chair of the Cannabis, Hemp, and Psychedelics Practice Group, was featured in an article by the International Society of Primerus Law Firms. With extensive legal experience, Bauchner advises on the legal aspects of controlled substances. His involvement started with High Times, leading to roles that addressed legal challenges in the cannabis industry. His contributions have made him a notable figure in cannabis law, recognized for his work in navigating the evolving legal landscape and advocating for the industry's growth and research into therapeutic uses of cannabis and psychedelics.

Law360: Can Off-Duty Cops Use Marijuana?

January 26, 2024

In 2024, Law360 highlights a pivotal case stemming from New Jersey's legalization of recreational marijuana, which clashed with federal firearm laws. Jersey City's struggles with enforcing these laws led to a legal battle, triggering controversy over police terminations and accusations of political bias. Joshua S. Bauchner condemned the city's actions as hypocritical.

NJ Supreme Court Lowers the Reliability of ‘DRE’ Protocol, Harming Minorities

January 24, 2024

In an insightful piece for the New Jersey Law Journal, Joshua S. Bauchner, Chair of the Cannabis, Hemp and Psychedelics practice group at Mandelbaum Barrett in Roseland, NJ, and New York, NY, delves into the recent pivotal ruling by the New Jersey Supreme Court on the admissibility of drug recognition expert testimony.

Life on the Line: Battling Bureaucracy for Timely Medical Innovations

November 30, 2023

n the ever-evolving landscape of medical innovation, the journey to bring breakthrough therapies to those in need is often fraught with obstacles and red tape. For many patients grappling with life-threatening conditions, the clock is ticking, and the standard procedures of rescheduling controlled substances are causing unnecessary delays. In a remarkable legal battle, advocacy groups like NORML (National Organization for the Reform of Marijuana Laws) are challenging the status quo, advocating for quicker access to groundbreaking treatments like psilocybin and cannabis.

From Prohibition to Prosperity: Navigating Cannabis Legalization & Licensing in New Jersey

November 9, 2023

In his latest video, Joshua Bauchner navigates the obstacles and triumphs along the path to cannabis legalization, with a particular focus on the State of New Jersey. He provides insights into the transition between administrations and how it has impacted the cannabis landscape in the state.

Struggling for Green Space – Unraveling Real Estate and Financing Challenges in the NJ Cannabis Industry

November 9, 2023

At Mandelbaum Barrett PC, we specialize in a comprehensive analysis of the intricate challenges within the dynamic landscape of the cannabis industry in New Jersey and New York. Led by Joshua Bachner, Chair of the Cannabis and Psychedelics practice group at Mandelbaum Barrett PC, our team is ready to dissect the regulatory intricacies unique to the NJ/NY cannabis market.

Embracing Legal Cannabis: A Path to Safety, Wellness, and Universal Appeal

November 9, 2023

Legal cannabis offers numerous advantages, ensuring consumers know exactly what they're getting and providing a safer alternative to the uncertainties of the black market. Joshua Bauchner, Chair of the Cannabis & Psychedelics practice group at Mandelbaum Barrett PC, delves into its popularity spanning various age groups, with older generations turning to cannabis to alleviate age-related ailments. Additionally, legal cannabis holds the potential to address the opioid crisis, promoting happier and healthier living when used responsibly.

From Stigma to Solution: Exploring Cannabis’s Untapped Potential and the Road to Federal Legalization

November 9, 2023

Dive into the cannabis domain alongside Joshua Bauchner, Mandelbaum Barrett PC's Cannabis and Psychedelics practice group Chair. Hindered by federal constraints, cannabis's therapeutic potential has been obscured. Bauchner sheds light on the evolving landscape, revealing promising developments and foreseeing federal legalization within the decade, seeking to address past injustices.

From High Times to High Hopes: Advocating for Cannabis, Research, and Equity in the Garden State

November 3, 2023

In recent years, Joshua Bauchner, chair of the Cannabis and Psychedelics Practice Group at Mandelbaum Barrett PC, has been advocating for cannabis reform in the United States. His journey into cannabis law began when he represented High Times magazine's board of directors, providing him with a unique perspective on the evolving cannabis and psychedelics industry. Bauchner has been instrumental in bringing cannabis awareness to the East Coast through annual symposiums, coinciding with Governor Murphy's promise to legalize cannabis in New Jersey.

New Jersey Cannabis Licensing Appeals: Seeking Fairness and Transparency

October 25, 2023

In a pivotal legal battle that could shape the future of New Jersey's cannabis industry, the State's Appellate Division recently heard oral arguments for three consolidated appeals involving the 2019 Cannabis Licensing Request for Applications (RFA). The firm represented NJ Holistic Health, one of the appellants (A-001326-21), challenging the scoring of its application by the NJ Cannabis Regulatory Committee (CRC).

Joshua S. Bauchner Explores Cannabis DUI Challenges in New Jersey v. Olenowski: Insights from the Karma Koala Podcast

February 7, 2024

Joshua Bauchner, Partner and Chair of Mandelbaum Barrett PC's Cannabis, Hemp, and Psychedelics Practice Group, shared insights on the Karma Koala Podcast. He discussed the legal and technological challenges in identifying cannabis DUI cases, focusing on the New Jersey v. Olenowski case. Bauchner's analysis shed light on complex legal intersections and technological limitations.

Joshua S. Bauchner Listed as one of the Top 200 Global Psychedelics Lawyers

February 6, 2024

In the third edition of the Global Top 200 list of Psychedelics Lawyers, Joshua S. Bauchner, Partner and Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, is newly acknowledged. His inclusion honors his dedication, experience, and impactful contributions to psychedelic law and its industry advancement.

Joshua S. Bauchner Attends the Cannabis Law Section MCLE Programs event, hosted by the New York State Bar Association.

January 29, 2024

Explore the dynamic legal terrain of cannabis, hemp, and psychedelics with Joshua S. Bauchner and Mandelbaum Barrett PC's expert panelists. Gain invaluable insights into New York and New Jersey's evolving regulatory frameworks at the recent NYSBA event. Dive deep into compliance and emerging trends.

Joshua S. Bauchner Breaks Down Legal Hurdles for Businesses in New Jersey

December 5, 2023

In a recent publication, Joshua S. Bauchner, Chair of the Cannabis and Psychedelics Practice Group at Mandelbaum Barrett P.C., sheds light on the hurdles faced by New Jersey's cannabis businesses. Bauchner underscores the intricate process of securing dispensary locations amid municipal regulations, emphasizing the critical compliance with laws around sensitive areas.

LAW 360: Mandelbaum Barrett PC Adds New Cannabis, Psychedelics Head

October 18, 2023

Joshua Bauchner has joined Mandelbaum Barrett as a partner in the firm's litigation department, and will lead the growth of the cannabis and psychedelics team. He will be based in the firm's Roseland, New Jersey, office and will also work out of New York.

Joshua S. Bauchner Joins Mandelbaum Barrett PC as Chair of its Cannabis & Psychedelics Practice Group and Partner in its Litigation Practice Group

October 5, 2023

Joshua S. Bauchner  joined Mandelbaum Barrett PC as Chair of its expanded Cannabis & Psychedelics Practice Group and a Partner in its  Litigation Practice Group.  The firm also announced that it has renamed its Cannabis Practice as the Cannabis & Psychedelics Practice Group to reflect this growing, multifaceted and complex area of law that includes cannabis and psychedelics.