Recent rulings in New York have highlighted increasing judicial scrutiny of how state and city agencies enforce cannabis regulations—particularly against licensed hemp retailers. On August 4, 2025, the Office of Administrative Trials and Hearings (OATH) dismissed a case brought by the NYC Sheriff’s Office against AlterNative Retail LLC, which had been accused of selling cannabis without a retail license.
A Pattern of Overreach and Legal Pushback
This matter is not an isolated occurrence—it reflects a broader legal trend, one in which Joshua S. Bauchner, Chair of the Cannabis, Hemp and Psychedelics Practice Group at Mandelbaum Barrett PC, has played a central and ongoing role. In both matters, Joshua Bauchner served as lead counsel: representing AlterNative Retail LLC in its successful defense before OATH, and a coalition of licensed hemp retailers in the landmark Super Smoke N Save LLC litigation before the Albany County Supreme Court.
Hemp, Not Marijuana: The Facts in the AlterNative Case
In the AlterNative case, NYC Sheriff officers alleged the State-licensed hemp store was selling cannabis flower without proper licensing. However, the product in question was labeled and independently verified as CBG hemp, not marijuana. During the hearing, the City’s witness acknowledged a lack of knowledge regarding cannabinoid distinctions, THC levels, and certificate of analysis documentation. OATH ultimately concluded that the City had failed to meet its burden of proof and dismissed the summons in its entirety.
Super Smoke Case: Challenging Warrantless Raids
This case mirrors a much larger and more consequential legal action: Super Smoke N Save LLC v. New York State Cannabis Control Board. In that litigation, also led by Joshua S. Bauchner and co-counsel Jed M. Weiss, a group of licensed hemp businesses challenged warrantless raids conducted by the Office of Cannabis Management (OCM) and the NYC Sheriff’s Office.
Court Upholds Constitutional Protections
In a landmark January 2025 decision, the Albany County Supreme Court granted an injunction barring the Sheriff’s Office from conducting regulatory inspections of any business listed in the state’s licensee directory, including those licensed to sell hemp. The Court stated:
“The Sheriff’s Office lacks any lawful authority to conduct a warrantless regulatory or administrative inspection of any business that possesses either a hemp or marijuana license appearing on OCM’s directory.”
(Super Smoke, p. 12)
Overreach, Seizures, and Fourth Amendment Violations
The court also criticized the lack of product testing, the presence of armed officers during inspections, and the seizure of lawful products based solely on visual appearance or packaging. In short, it found that the searches were not administrative in nature but functioned more like criminal raids—a clear violation of Fourth Amendment protections.
A Message for the Industry
Both the AlterNative Retail LLC and Super Smoke decisions emphasize that licensed hemp businesses in New York are entitled to constitutional safeguards, even amid the state’s efforts to crack down on unlicensed cannabis sales.
These victories are significant not only for the businesses involved but also for the broader hemp and cannabis industries. As enforcement escalates across New York, these cases send a clear message: compliance matters—but so does due process. And thanks to attorneys like Joshua S. Bauchner, the legal boundaries of cannabis regulation in New York are being clarified and upheld.
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.