In a significant legal victory for New York’s hemp industry, Joshua S. Bauchner, Chair of Mandelbaum Barrett PC’s Cannabis, Hemp, and Psychedelics Practice Group, was vital in securing a ruling that prohibits the New York City Sheriff’s Office and the Office of Cannabis Management (OCM) from conducting warrantless searches and seizures of licensed hemp businesses. Representing hemp retailers in the case, Bauchner helped ensure that these businesses are shielded from unconstitutional overreach as mentioned in the Bloomberg Law article, “NYC Sheriff Barred From Warrantless Hemp Business Searches“. The ruling by Albany County Supreme Court Justice Thomas Marcelle found that the actions of the sheriff’s office were likely unconstitutional, further protecting the rights of licensed hemp operators in New York.

Justice Marcelle’s decision centered on the Fourth Amendment, which safeguards against unreasonable searches and seizures. The court found that the raids likely sought contraband rather than aiming to identify regulatory violations, and thus, violated constitutional rights. Marcelle concluded that it was highly probable that OCM violated the Fourth Amendment with its actions. The judge also issued a preliminary injunction to prevent further warrantless inspections and ordered that any products seized during these raids be returned to the businesses.

The court sharply criticized the enforcement tactics used by the New York City Sheriff’s Office and OCM, emphasizing that the searches had no valid regulatory purpose. Justice Marcelle noted that these inspections were effectively unlawful, as they targeted licensed businesses without proper authority or reasonable cause. This ruling underscores the importance of respecting constitutional protections, especially when it comes to the treatment of businesses that are operating legally under both state and federal laws.

This decision marks a pivotal moment for the hemp industry in New York, sending a strong message about the need for fair and lawful regulation. Bauchner praised the decision for not only safeguarding the businesses involved but also setting a legal precedent for the protection of hemp operators across the state. This ruling ensures that licensed operators are treated equitably and that their rights are defended against unwarranted government overreach.

Read the full Bloomberg Law article here.

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

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