Cannabis, Hemp & Psychedelics
Mandelbaum Barrett PC’s Cannabis, Hemp & Psychedelics attorneys stand at the forefront of a dynamic and ever-evolving legal landscape. We possess a detailed understanding of laws associated with the production, sale, use, and regulation of a broad range of controlled substances — from cannabis and hemp to psychedelics.
Our industry reputation has been carved through our unwavering commitment to guide clients clearly and effectively through what often presents as a maze of sometimes conflicting regulations. Our experienced attorneys are well-equipped to illuminate the path in this intricate area, helping our clients discern their rights and identify novel opportunities in this multifaceted field.
A Full-Service Approach to Cannabis, Hemp & Psychedelic Substances
In addition to strong regulatory experience in this space, our attorneys combine strong corporate, tax, and strategic knowledge to assist our clients in all aspects of the industry. Mandelbaum Barrett PC full-service platform allows us to assist in ancillary issues like, Healthcare, Employment, Mergers & Acquisitions, Banking & Tax Law.
A Legacy of Leadership and Recognition
Our firm’s commitment to being trailblazers in the cannabis, hemp and psychedelic space is led by the group’s chair Joshua Bauchner who co-hosted the first-ever Cannabis Symposia in New Jersey, a series of groundbreaking events that garnered significant attention and thousands of attendees. Our firm’s involvement doesn’t stop there. Members of our team have actively contributed to key initiatives, dialogues, and educational programs across the controlled substances sector. Josh’s leadership is epitomized by accolades such as the New Jersey Law Journal’s Innovator of the Year Award, highlighting his dynamic and pioneering work in this space, as well as his appointment as co-chair of the NJSBA Cannabis Law Committee.
Amicus Curiae Briefs & Advocacy
Josh and others in the group have shown strong dedication to regulatory evolution and legal clarity in key legal discussions. Josh has proudly filed a pro-bono amicus curiae brief in the case of Washington v. Barr, supporting the rights of former national and international professional athletes and challenging the federal government’s stance on cannabis regulation.
Further emphasizing our commitment is an amicus curiae brief for the case of Dr. Sunil Aggarwal, MD, PhD; Advanced Integrative Medical Science Institute, PLLC v. U.S. Drug Enforcement Administration, cautioning against historical regulatory resistances and advocating for therapeutic advancements.
As champions of regulatory progress, we understand the broader implications of cannabis, hemp and psychedelic substances, especially in therapeutic contexts, and our active roles in landmark cases are a testament to our unwavering commitment.
Recent Cannabis, Hemp & Psychedelic Developments & Advocacy
We are deeply involved in ongoing initiatives related to other psychedelic substances, such as the potential introduction of the “Psilocybin Behavioral Health Access and Services Act” in New Jersey. We recognize the significance of these developments in the healthcare sector and advocate for controlled substances’ therapeutic potential.
Integrating Hospitality Services into Cannabis and Psychedelics Ventures
Mandelbaum Barrett PC expands its range of services into the hospitality sector, utilizing a deep understanding of legal matters that intersect with cannabis and psychedelics use. Our team excels in managing the complexities associated with consumption lounges and on-premises use regulations. We focus on compliance and licensing in hospitality settings, ensuring that our clients’ ventures meet all regulatory requirements and seize opportunities to flourish within this evolving landscape. Discover more about our hospitality services here.
Comprehensive Array of Legal Services
Our Cannabis, Hemp & Psychedelic’s Practice Group offers a comprehensive array of legal services:
- Licensing & Compliance
- Corporate Formation and Governance
- Commercial Real Estate, Leasing & Business Development
- Regulatory Compliance
- Financing & Investment Strategies
- Litigation, Dispute Resolution & Advocacy
- Municipal Ordinances & Licensing Requirements
None of the awards mentioned in this advertisement have been reviewed or endorsed by the Supreme Court of New Jersey. These awards are based on independent third-party evaluations and selection criteria. To find out more visit the Global Top 200 Cannabis Lawyers Directory 2022/23 Archive.
Joshua S. Bauchner Explores Cannabis DUI Challenges in New Jersey v. Olenowski: Insights from the Karma Koala Podcast
February 7, 2024
Joshua Bauchner, Partner and Chair of Mandelbaum Barrett PC’s Cannabis, Hemp, and Psychedelics Practice Group, shared insights on the Karma Koala Podcast. He discussed the legal and technological challenges in identifying cannabis DUI cases, focusing on the New Jersey v. Olenowski case. Bauchner’s analysis shed light on complex legal intersections and technological limitations.
Joshua S. Bauchner Listed as one of the Top 200 Global Psychedelics Lawyers
February 6, 2024
In the third edition of the Global Top 200 list of Psychedelics Lawyers, Joshua S. Bauchner, Partner and Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, is newly acknowledged. His inclusion honors his dedication, experience, and impactful contributions to psychedelic law and its industry advancement.
Joshua S. Bauchner Attends the Cannabis Law Section MCLE Programs event, hosted by the New York State Bar Association.
January 29, 2024
Explore the dynamic legal terrain of cannabis, hemp, and psychedelics with Joshua S. Bauchner and Mandelbaum Barrett PC’s expert panelists. Gain invaluable insights into New York and New Jersey’s evolving regulatory frameworks at the recent NYSBA event. Dive deep into compliance and emerging trends.
Law360: Can Off-Duty Cops Use Marijuana?
January 26, 2024
In 2024, Law360 highlights a pivotal case stemming from New Jersey’s legalization of recreational marijuana, which clashed with federal firearm laws. Jersey City’s struggles with enforcing these laws led to a legal battle, triggering controversy over police terminations and accusations of political bias. Joshua S. Bauchner condemned the city’s actions as hypocritical.
Rescheduling Psilocybin: Joshua S. Bauchner Serves as Principal Author of Pro-Bono Amicus Curiae Brief on Behalf of NORML
October 20, 2023
Firm attorney Joshua S. Bauchner, Chair of the Cannabis and Psychedelics Practice Group, served as the principal author of a pro-bono amicus curiae brief filed on behalf of NORML in support of Petitioners in Dr. Sunil Aggarwal, MD, PhD; Advanced Integrative Medical Science Institute, PLLC v. U.S. Drug Enforcement Administration; Anne Milgram in Her Official […]
LAW 360: Mandelbaum Barrett PC Adds New Cannabis, Psychedelics Head
October 18, 2023
Joshua Bauchner has joined Mandelbaum Barrett as a partner in the firm’s litigation department, and will lead the growth of the cannabis and psychedelics team. He will be based in the firm’s Roseland, New Jersey, office and will also work out of New York.
Joshua S. Bauchner Joins Mandelbaum Barrett PC as Chair of its Cannabis & Psychedelics Practice Group and Partner in its Litigation Practice Group
October 5, 2023
Joshua S. Bauchner joined Mandelbaum Barrett PC as Chair of its expanded Cannabis & Psychedelics Practice Group and a Partner in its Litigation Practice Group. The firm also announced that it has renamed its Cannabis Practice as the Cannabis & Psychedelics Practice Group to reflect this growing, multifaceted and complex area of law that includes cannabis and psychedelics.
Can New Jersey Employers Fire an Employee for Marijuana Use?
October 19, 2022
On September 9, 2022, the New Jersey Cannabis Regulatory Commission on Workplace Impairment published Guidance regarding whether employers may fire employees for smoking or otherwise ingesting marijuana. For those not paying attention, on February 22, 2021, Governor Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) which legalized recreational […]
Breaking News: Albany County Supreme Court Invalidates New York State Cannabis Regulations
April 4, 2024
In a remarkable legal development, an Albany County Supreme Court judge has nullified all regulations for adult-use cannabis in New York State, challenging the foundational efforts of the NY Office of Cannabis Management (OCM). This decision, ruling the regulations as arbitrary and capricious, brings to light serious doubts regarding the proficiency and effectiveness of the state’s cannabis regulatory framework. Originating from a lawsuit by Leafly Holdings, Stage One Dispensary, and a consumer dependent on Leafly for informed cannabis purchases, the judgement by Judge Kevin Bryant significantly impacts sections crucial for the governance of New York’s adult-use cannabis market.
Welcome to The High Road Chronicles: Navigating Cannabis Law in Our State
March 28, 2024
Three years post-legalization, the discourse on driving under cannabis influence evolves. Law enforcement seeks effective impairment detection. Proposed legislation mandates blood tests for suspected drivers. Yet, Joshua S. Bauchner caution against it, citing scientific inconclusiveness. Amidst debates, understanding the nexus of cannabis, law, and civil liberties remains pivotal.
The Science and Legal Challenges of DREs and WIREs in New Jersey
March 27, 2024
In New Jersey, a new mandate requires every employer, from small landscaping businesses to large pharmaceutical companies, to train personnel as Work Impairment Recognition Experts (WIREs) to assess employee impairment. Josh Bauchner discusses the substantial burdens this places on businesses and explores the recent State vs. Olenowski ruling by the New Jersey Supreme Court. This decision affects legal standards and workplace policies, potentially altering how businesses operate within the state.
Overnight Overhaul: NY Hemp Industry Faces Sudden Shift
March 14, 2024
In New York’s dynamic hemp regulatory landscape, Joshua Bauchner and Chris Zona of Mandelbaum Barrett PC spearhead a legal battle defending small businesses against abrupt THC regulations. Their civil rights complaint challenges constitutional violations, spotlighting the broader impact on emerging industries and the delicate balance between state and federal law.
Compulsory Blood Tests for Suspected High Drivers
March 14, 2024
In New Jersey, a contentious bill proposes automatic consent to blood tests for drivers suspected of cannabis use, with a THC threshold of 3 nanograms per milliliter. Joshua Bauchner and Chris Zona of Mandelbaum Barrett PC critique this, highlighting the challenge of equating cannabis impairment to alcohol’s .08 blood alcohol concentration. They stress that THC’s persistence in the bloodstream makes current impairment assessments unreliable and unfair. Advocating for evidence-based standards, they engage with legislators and the public to foster a law that balances road safety with individuals’ rights, challenging the bill’s approach amidst New Jersey’s legal cannabis landscape.
New York’s Hemp Industry Faces Legal Battle Over Regulatory Restrictions
March 6, 2024
The hemp industry in New York faces dire challenges, battling against regulatory measures that have severely crippled operations. A federal civil rights lawsuit alleges unjust restrictions imposed by the Cannabis Control Board, disrupting businesses and sparking legal backlash. Stakeholders fight for fairness, seeking to overturn regulations hindering growth and innovation.
New Jersey Proposes Bill Mandating Blood Tests for Suspected Marijuana-Impaired Drivers
March 6, 2024
A proposed bill in Trenton aims to tighten regulations on suspected marijuana impairment while driving, requiring drivers to submit to blood tests upon law enforcement request. Led by Sen. Shirley Turner, the bill seeks to set a THC cutoff at 3 nanograms, mirroring other states’ regulations. Critics raise concerns about testing reliability and advocate for a comprehensive approach.
Green Horizons: Cannabis Newsletter
March 5, 2024
Catch up on the latest in the cannabis and psychedelics sectors with our newest newsletter. It’s been a busy few months since October, filled with growth, learning, and significant achievements in the Cannabis Hemp and Psychedelics space. Stay informed on the recent developments, insightful articles, and upcoming events that are shaping the future of the […]
Navigating the Road Ahead: Voicing Concerns Over Proposed DUI Legislation
March 1, 2024
In the ongoing discourse surrounding legislative measures addressing impaired driving, New Jersey’s proposed bill mandating blood samples from suspected cannabis-impaired motorists raises alarms among experts. Critics argue it could disproportionately impact communities of color and lacks scientific validity. Collaborative, equitable policy-making is essential in navigating this complex intersection of cannabis and road safety.
Joshua Bauchner Featured by the International Society of Primerus Law Firms
February 13, 2024
Joshua Bauchner, attorney at Mandelbaum Barrett PC and Chair of the Cannabis, Hemp, and Psychedelics Practice Group, was featured in an article by the International Society of Primerus Law Firms. With extensive legal experience, Bauchner advises on the legal aspects of controlled substances. His involvement started with High Times, leading to roles that addressed legal challenges in the cannabis industry. His contributions have made him a notable figure in cannabis law, recognized for his work in navigating the evolving legal landscape and advocating for the industry’s growth and research into therapeutic uses of cannabis and psychedelics.
Law360: Can Off-Duty Cops Use Marijuana?
January 26, 2024
In 2024, Law360 highlights a pivotal case stemming from New Jersey’s legalization of recreational marijuana, which clashed with federal firearm laws. Jersey City’s struggles with enforcing these laws led to a legal battle, triggering controversy over police terminations and accusations of political bias. Joshua S. Bauchner condemned the city’s actions as hypocritical.
NJ Supreme Court Lowers the Reliability of ‘DRE’ Protocol, Harming Minorities
January 24, 2024
In an insightful piece for the New Jersey Law Journal, Joshua S. Bauchner, Chair of the Cannabis, Hemp and Psychedelics practice group at Mandelbaum Barrett in Roseland, NJ, and New York, NY, delves into the recent pivotal ruling by the New Jersey Supreme Court on the admissibility of drug recognition expert testimony.
Life on the Line: Battling Bureaucracy for Timely Medical Innovations
November 30, 2023
n the ever-evolving landscape of medical innovation, the journey to bring breakthrough therapies to those in need is often fraught with obstacles and red tape. For many patients grappling with life-threatening conditions, the clock is ticking, and the standard procedures of rescheduling controlled substances are causing unnecessary delays. In a remarkable legal battle, advocacy groups like NORML (National Organization for the Reform of Marijuana Laws) are challenging the status quo, advocating for quicker access to groundbreaking treatments like psilocybin and cannabis.
From Prohibition to Prosperity: Navigating Cannabis Legalization & Licensing in New Jersey
November 9, 2023
In his latest video, Joshua Bauchner navigates the obstacles and triumphs along the path to cannabis legalization, with a particular focus on the State of New Jersey. He provides insights into the transition between administrations and how it has impacted the cannabis landscape in the state.
Struggling for Green Space – Unraveling Real Estate and Financing Challenges in the NJ Cannabis Industry
November 9, 2023
At Mandelbaum Barrett PC, we specialize in a comprehensive analysis of the intricate challenges within the dynamic landscape of the cannabis industry in New Jersey and New York. Led by Joshua Bachner, Chair of the Cannabis and Psychedelics practice group at Mandelbaum Barrett PC, our team is ready to dissect the regulatory intricacies unique to the NJ/NY cannabis market.
Embracing Legal Cannabis: A Path to Safety, Wellness, and Universal Appeal
November 9, 2023
Legal cannabis offers numerous advantages, ensuring consumers know exactly what they’re getting and providing a safer alternative to the uncertainties of the black market. Joshua Bauchner, Chair of the Cannabis & Psychedelics practice group at Mandelbaum Barrett PC, delves into its popularity spanning various age groups, with older generations turning to cannabis to alleviate age-related ailments. Additionally, legal cannabis holds the potential to address the opioid crisis, promoting happier and healthier living when used responsibly.
From Stigma to Solution: Exploring Cannabis’s Untapped Potential and the Road to Federal Legalization
November 9, 2023
Dive into the cannabis domain alongside Joshua Bauchner, Mandelbaum Barrett PC’s Cannabis and Psychedelics practice group Chair. Hindered by federal constraints, cannabis’s therapeutic potential has been obscured. Bauchner sheds light on the evolving landscape, revealing promising developments and foreseeing federal legalization within the decade, seeking to address past injustices.
From High Times to High Hopes: Advocating for Cannabis, Research, and Equity in the Garden State
November 3, 2023
In recent years, Joshua Bauchner, chair of the Cannabis and Psychedelics Practice Group at Mandelbaum Barrett PC, has been advocating for cannabis reform in the United States. His journey into cannabis law began when he represented High Times magazine’s board of directors, providing him with a unique perspective on the evolving cannabis and psychedelics industry. Bauchner has been instrumental in bringing cannabis awareness to the East Coast through annual symposiums, coinciding with Governor Murphy’s promise to legalize cannabis in New Jersey.
New Jersey Cannabis Licensing Appeals: Seeking Fairness and Transparency
October 25, 2023
In a pivotal legal battle that could shape the future of New Jersey’s cannabis industry, the State’s Appellate Division recently heard oral arguments for three consolidated appeals involving the 2019 Cannabis Licensing Request for Applications (RFA). The firm represented NJ Holistic Health, one of the appellants (A-001326-21), challenging the scoring of its application by the NJ Cannabis Regulatory Committee (CRC).
Rescheduling Psilocybin: Joshua S. Bauchner Serves as Principal Author of Pro-Bono Amicus Curiae Brief on Behalf of NORML
October 20, 2023
Firm attorney Joshua S. Bauchner, Chair of the Cannabis and Psychedelics Practice Group, served as the principal author of a pro-bono amicus curiae brief filed on behalf of NORML in support of Petitioners in Dr. Sunil Aggarwal, MD, PhD; Advanced Integrative Medical Science Institute, PLLC v. U.S. Drug Enforcement Administration; Anne Milgram in Her Official […]
New Jersey’s Corporate Income Tax: A New Era for Cannabis Businesses
July 21, 2023
The New Jersey Division of Taxation has recently issued a technical bulletin discussing critical changes in the taxation of cannabis businesses, particularly how income computation and reporting are influenced by a new law. Starting from the tax years beginning on or after January 1, 2023, New Jersey has made a decisive move by decoupling itself […]
Can New Jersey Employers Fire an Employee for Marijuana Use?
October 19, 2022
On September 9, 2022, the New Jersey Cannabis Regulatory Commission on Workplace Impairment published Guidance regarding whether employers may fire employees for smoking or otherwise ingesting marijuana. For those not paying attention, on February 22, 2021, Governor Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) which legalized recreational […]
The Impact of Cannabis use in Dental Practices
September 4, 2019
September 4, 2019 Even though cannabis remains illegal at the federal level, many states have legalized its use for medicinal and/or recreational purposes. The rise in state legality of cannabis use has led to the increase of cannabis users, and health care providers need to be aware of the potential rise in cannabis use by […]
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.
From Vision to a Brooklyn Cannabis Business
November 28, 2023
Our client, Kendall had a vision for a New York cannabis business, which she discussed during her estate planning sessions with Shawn McClelland from our Tax, Trusts, and Estates practice group. Recognizing the potential, Shawn introduced her to Joshua S. Bauchner, Chair of our Cannabis and Psychedelics Practice Group.
Members Dan Barkin and Peter Tanella Close Investment In Medical Marijuana Facility
May 2, 2016
Dan Barkin and Peter Tanella recently closed an innovative seven figure investment in a medical marijuana production facility. This transaction involved a secured convertible debt provided by a Wall Street investor to an early stage venture. Dan and Peter employed creative structuring techniques to navigate
