Joshua S. Bauchner, Chair of our Cannabis, Hemp, & Psychedelics Practice Group, was recognized in the Law360 article, “NY Pot Agencies Want Hemp Regulations Challenge Tossed“, for his role in challenging New York’s evolving hemp regulations. Representing these companies, Bauchner has been pushing back against the state’s efforts to dismiss their lawsuit, arguing that these regulations unlawfully restrict hemp product sales and contradict federal law.
The dispute arose from recent rule changes by the New York State Cannabis Control Board and the Office of Cannabis Management (OCM), which imposed stricter THC limits and compliance standards on hemp-derived products. While previous regulations only required that products contain no more than 0.3% delta-9 THC, the new rules mandate a 15:1 CBD-to-THC ratio and tighter product testing standards. Despite having already met all legal licensing requirements and complying with previous state regulations, these businesses are now being penalized by sudden rule changes that make it nearly impossible to continue selling their existing products; operators argue that these changes forced them to remove roughly 75% of their products from shelves, significantly harming their businesses.
In its motion to dismiss, the state claimed that the lawsuit should be barred under the Eleventh Amendment and that the 2018 Farm Bill does not preempt stricter state-level regulations. However, Bauchner and his team anticipated this challenge and remained “cautiously optimistic” about a related case that could significantly impact how state-licensed hemp operators are treated and reshape the regulatory landscape.
As this legal battle continues, the outcome could have extensive implications for New York’s hemp industry. Operators are now facing growing uncertainty over the future of both their businesses and livelihoods, and this case will now play a pivotal role in shaping the future of hemp and cannabis regulation in the state.
Read the full article here.
For more information, contact Joshua S. Bauchner at jbauchner@mblawfirm.com or at 646-369-0250.