In their August 6th OpEd for the Empire Report, Jed M. Weiss and Joshua S. Bauchner criticize New York State’s recent armed raids on licensed hemp retailers, which they argue stem from a fundamental misunderstanding of the difference between legal hemp products and illicit marijuana. Despite being lawfully licensed and compliant with regulations, hemp retailers are caught in a dragnet targeting unlicensed marijuana sellers. These raids, conducted without warrants under the guise of administrative inspections, result in the seizure of tens of thousands of dollars in products and the unjust detention and arrest of store employees.
The authors emphasize that hemp and marijuana, although from the same plant, are regulated differently. Hemp contains 0.3% or less THC, unlike marijuana, which contains higher levels. The state’s actions, they argue, are unconstitutional and ignore the clear distinctions in regulatory frameworks. The Office of Cannabis Management (OCM) and law enforcement agencies are accused of willfully disregarding these differences and the licenses presented during inspections, leading to significant harm to small, family-owned businesses.
Weiss and Bauchner highlight the broader implications of these raids, noting that the OCM’s chaotic management and the governor’s own criticism of the agency’s failures have exacerbated the situation. They call for an end to these unconstitutional practices and urge the state to collaborate with licensed hemp retailers to achieve common goals, such as ensuring safe products and preventing underage sales. The authors invoke Justice Brennan’s caution against forsaking individual liberty for expediency, advocating for the protection of constitutional rights and the support of small businesses.
Read the full article on the Empire Report, here.