Across New York City, state and local enforcement has zeroed in on smoke shops in an effort to curb unlicensed cannabis sales. But licensed hemp retailers argue they’re being unfairly swept into the crackdown—facing closures, product seizures, and reputational harm despite following the law. The result is a blurred line between illegal activity and lawful commerce, leaving compliant businesses fighting to protect their rights.
At the Forefront
Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group was recently highlighted in a Crain’s New York Business article, for being instrumental in representing shop owners caught in these actions. He has challenged what he describes as enforcement “overreach,” filing lawsuits and petitions on behalf of hemp retailers seeking to keep their businesses open. His advocacy underscores how aggressive crackdowns can unfairly punish compliant operators and disrupt New York’s emerging cannabis industry.
Why This Matters
The outcome of these cases could play a defining role in how New York balances aggressive enforcement with the rights of licensed hemp retailers. For small businesses, the stakes are immediate—closures, product seizures, and reputational harm can threaten their survival. But the implications go much further. These lawsuits have the potential to set lasting precedents on constitutional protections such as due process and property rights, while also forcing greater regulatory clarity in the rapidly evolving cannabis and hemp sector. How the courts ultimately rule may shape the framework for enforcement and compliance across the entire industry.
Looking Ahead
With cases still moving through the courts, the fight is far from over. As these proceedings unfold, they will help define the future of New York’s cannabis and hemp industries—ensuring that compliant operators are protected and that enforcement remains fair, consistent, and lawful.
Read the full Crain’s New York Business article on cannabis enforcement here.
If your business is facing enforcement action, contact Joshua S. Bauchner at jbauchner@mblawfirm.com or at 646-369-0250.