Joshua Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was highlighted in Law.com for his pivotal role in securing a key decision in the article “NY Trial Court Halts State Dragnet on Licensed Hemp Operators.” The case, Super Smoke n Save v. New York State Cannabis Control Board, saw New York State Supreme Court Justice Thomas Marcelle rule that the state hemp regulators and the New York City Sheriff’s Office violated the Fourth Amendment by conducting unwarranted inspections of licensed hemp businesses. The court’s decision underscores the importance of protecting businesses from unconstitutional enforcement actions in the growing hemp industry.
Marcelle’s ruling criticized the searches, stating that the “glaring problem with administrative searches here is the absence of any statutory boundaries.” (Law.com) The court found that the purpose of these searches was not to enforce regulatory violations but rather to uncover illicit contraband, and the presence of armed officers was deemed to be an intimidation tactic. The decision emphasized that regulatory enforcement must be carried out in a manner consistent with the law and that licensed hemp operators should not be subjected to unwarranted and aggressive actions.
Joshua Bauchner, who represented the plaintiffs, commended the court’s ruling, noting that the Cannabis Control Board’s approach far exceeded the scope of reasonable regulatory inspections. Bauchner highlighted that this decision will force the Office of Cannabis Management to use unarmed inspectors to focus on product compliance rather than relying on aggressive tactics. The court also enjoined the New York City Sheriff’s Office from conducting further raids, ruling that it lacked both the authority and competence to inspect state-licensed hemp operators. This ruling is a major win for hemp businesses in New York, setting an important legal precedent for the protection of licensed operators against unlawful enforcement actions.
Read the full Law.com article here.
You can reach Joshua Bauchner at 646-369-0250 or via email at jbauchner@mblawfirm.com.