On July 15, 2025, Crain’s New York Business published an article titled “City smoke shops keep the fight against crackdowns alive in court,” which prominently featured Mandelbaum Barrett PC Partner Joshua S. Bauchner for his leadership in one of the most consequential cannabis cases currently pending in New York City. The article spotlights ongoing legal challenges stemming from New York City’s aggressive enforcement campaign against cannabis retailers — a campaign that has swept up both unlicensed sellers and fully state-licensed hemp businesses.
Bauchner represents Super Smoke n Save, a licensed hemp shop in Saratoga Springs, and four other compliant retailers, some of whom were wrongly targeted as part of “Operation Padlock to Protect,” an initiative led by New York City Sheriff Anthony Miranda. Despite being fully authorized to sell hemp products under state law, these businesses were forcibly closed in what Bauchner has described as an unlawful and unconstitutional crackdown.
Although Super Smoke secured a preliminary injunction and restraining order from Judge Thomas Marcelle in January 2024, that victory was placed on hold pending appeal — meaning enforcement actions have continued while the lawsuit moves through the courts. “They have not changed a single thing because they’re not being held accountable and they don’t care,” Bauchner told Crain’s. “The Sheriff’s office acts with impunity because of their political expediency and relationship with Mayor Eric Adams.”
The article notes that while many similar lawsuits have already been dismissed, at least seven are still active in state court, each challenging the city’s authority and tactics. Bauchner’s case is widely regarded as one of the most likely to succeed, but the costs of litigation are mounting — and time is running out for many small business owners. “It’s a David-and-Goliath situation,” he said. “So I don’t know that there’s going to be a practical outcome, even with our victory, because unfortunately, my clients have limited resources, particularly the ones that have shut down.”
Bauchner warned that unless there is a shift in political will, legal wins may not be enough. “I don’t think it’s going to be resolved in the courts. I think we’re going to need a new leadership, political leadership that’s going to take a step back and be a little bit more thoughtful about this,” he added.
The Crain’s article places these lawsuits in the broader context of a struggling cannabis rollout in New York, where as of mid-2024, just over 400 licensed dispensaries are operational — compared to an estimated 3,600 unlicensed cannabis shops still active in New York City alone. The lawsuits may serve as a turning point for how regulators and courts reconcile enforcement actions with due process, state-issued licenses, and the promise of a fair and equitable cannabis market.
As Bauchner’s case — and others — continue through the appeals process, the outcome may help determine not only the fate of hundreds of shuttered shops, but also the future of New York’s legal cannabis industry.
You can reach Joshua S. Bauchner at jbauchner@mblawfirm.com or at 646-369-0250.
Learn more about our Cannabis, Hemp, and Psychedelics practice group here.