Joshua S. Bauchner, Partner and Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was recently featured in a Bloomberg Law article, where he provides insights into a landmark ruling that is reshaping New York’s cannabis regulations. Acting as counsel for the plaintiffs, Joshua discusses key issues such as the “true party of interest” framework and buffer zone regulations, both highlighted in Justice Kevin Bryant’s decision.
The ruling by Justice Kevin Bryant in the case of Leafly Holdings Inc. v. NYS Office of Cannabis Management has set a precedent for attorneys eyeing the cannabis industry, noted Andrew Schriever, a partner at Prince Lobel Tye LLP. Bryant’s examination of the regulations has provided a roadmap for future challenges.
While Bryant’s ruling specifically targets certain provisions, such as restrictions on third-party marketing and pricing, rather than the entire regulatory framework, his critique remains consistent. He contends that New York’s adult-use cannabis rules lack a rational basis and infringe upon constitutional rights.
Bryant’s involvement in previous lawsuits against the state’s cannabis licensing processes underscores the significance of his recent decision. His actions have prompted a reevaluation of the regulatory landscape and emboldened stakeholders to contest specific provisions, such as the “true party of interest” framework and buffer zone regulations.
Legal experts anticipate that challenges to New York’s cannabis regulations will cite Bryant’s decision extensively. Cecilia Oyediran, Chair of the New York State Bar Association’s Cannabis Law Section, suggests that future lawsuits will likely target individual aspects of the regulations rather than seeking wholesale repeal.
Of particular concern is the “true party of interest” framework, which imposes restrictions on financing for cannabis businesses. “The true party of interest framework is going to be a focus going forward because they limit how cannabis businesses get financing,” said Joshua Bauchner, a partner at Mandelbaum Barrett PC and attorney for the plaintiff. This provision, Bauchner explained, could become a focal point for litigation due to its implications for investment.
Another area ripe for legal scrutiny is the buffer zone regulations, which dictate the proximity of dispensaries to each other and to sensitive locations like schools and churches. Oyediran highlights confusion surrounding the approval process for dispensary locations, indicating a potential source of future litigation.
As stakeholders navigate New York’s evolving cannabis landscape, Bryant’s ruling serves as a catalyst for legal action. While the road ahead may be fraught with challenges, it also presents opportunities for refining the regulatory framework and safeguarding constitutional rights in the burgeoning cannabis industry. The decision underscores the need for clarity and coherence in regulatory measures, ensuring that they align with the evolving landscape of cannabis legislation and industry standards.
Read the full article, here: https://news.bloomberglaw.com/litigation/ny-judges-cannabis-ruling-opens-door-for-more-challenges