Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was highlighted in a MJBizDaily article published on November 18, 2024, for his critical role in defending New York hemp store owners against what he calls unconstitutional enforcement actions by state regulators. Bauchner, representing numerous hemp businesses across the state, emphasized that labeling hemp stores as “illicit cannabis” sellers without due process violates constitutional protections and must be stopped. His comments followed a ruling by Justice Arthur Engoron, who issued a temporary restraining order allowing two Manhattan hemp stores to remove such enforcement signs.
The ruling by Justice Engoron marks a significant victory for hemp business owners, many of whom have faced aggressive enforcement measures since New York began its crackdown on unlicensed cannabis sales earlier this year. Bauchner highlighted that these enforcement actions often occur without proper verification, such as lab testing to confirm product composition, and violate fundamental constitutional protections. His advocacy seeks to hold regulatory agencies accountable and ensure fair treatment under the law.
This decision is part of a broader legal pushback against New York’s cannabis enforcement policies. Multiple lawsuits have been filed, including one in August by three licensed hemp retailers alleging constitutional rights violations following a series of raids. In another case, state-licensed hemp companies sued New York’s Office of Cannabis Management in March, claiming new regulations caused significant financial losses. These rulings and ongoing cases highlight growing judicial scrutiny of enforcement actions and could set important legal precedents for future disputes with state regulators.
Read the full article here.