Joshua S. Bauchner, Chair of Mandelbaum Barrett’s Cannabis, Hemp, and Psychedelics Practice Group, was highlighted in NY1 regarding a significant court ruling that bars warrantless searches of licensed hemp stores. In the wake of this significant decision, Fatima Afia, a cannabis attorney from the Rudick Law Group, spoke with political reporter Bobby Cuza on “Inside City Hall,” highlighting the implications for New York’s hemp industries. The ruling from an upstate judge, which found that state cannabis regulators lacked the authority to conduct these raids without warrants, is a crucial victory for licensed hemp businesses and a strong affirmation of constitutional protections.

The case, originally brought by a licensed hemp business against the New York City Sheriff’s Office, centered on the unlawful raids of licensed hemp retailers by state regulators. According to Bauchner, the court is affirming the rights of businesses that are operating legally, ensuring that enforcement tactics adhere to the constitutional protections provided by the Fourth Amendment. The judge ruled that these unannounced searches and seizures, which often involved armed law enforcement officers, violated store owners’ rights by bypassing the necessary judicial oversight required for such actions.

Fatima Afia, a cannabis attorney from the Rudick Law Group, weighed in on the ruling, agreeing with the court’s assessment that the Office of Cannabis Management (OCM) and the Sheriff’s Office exceeded their authority. In her interview, Afia emphasized that the court’s decision underscores the importance of protecting licensed businesses from excessive government overreach, stating, What the court is saying here is that OCM and the Sheriff’s Office have been conducting these seizures and these searches in ways that have completely violated petitioner’s Fourth Amendment rights. This ruling clarifies that regulatory agencies must operate within the bounds of the law and cannot use law enforcement to bypass constitutional protections.

Read more at NY1.com.

You can reach Joshua Bauchner at 646-369-0250 or via email at jbauchner@mblawfirm.com.

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