Experienced Cannabis Attorneys and Hemp & Psychedelics Legal Counsel
At Mandelbaum Barrett PC, our cannabis attorneys provide comprehensive legal services to businesses, professionals, and investors in the cannabis, hemp, and psychedelics industries. With a deep understanding of the evolving regulatory landscape, we help clients navigate complex licensing, compliance, corporate structuring, intellectual property, and litigation matters.
Our Cannabis, Hemp & Psychedelics practice group is at the forefront of industry changes, offering strategic legal solutions tailored to the unique needs of businesses in this fast-growing space. Whether you are launching a startup, expanding operations, or facing legal challenges, our attorneys are here to help.
Why Choose the Mandelbaum Barrett PC Cannabis, Hemp & Psychedelics Team?
With a proven track record of success and a deep understanding of the cannabis industry, our team is uniquely positioned to help you overcome challenges and seize opportunities in this dynamic market. From licensing to litigation, real estate to intellectual property, we provide the guidance you need to thrive.
Contact us today to learn more about how we can support your cannabis, hemp, or psychedelics business.
We offer a full suite of services designed to address the unique challenges and opportunities in the cannabis and psychedelics markets:
We guide clients through the complexities of licensing and compliance with federal, state, and local regulations, ensuring businesses remain in good standing.
• State and Local Licensing Applications Obtaining cannabis-related licenses in New York and New Jersey requires navigating a rigorous application process that varies by state and municipality. Our team assists clients in preparing comprehensive license applications, ensuring compliance with local ordinances, state requirements, and the priorities outlined by regulators. We help clients position their applications for approval by addressing operational plans, security measures, and community impact.
• Zoning and Land Use Approvals – Proper zoning and land use approvals are critical for cannabis businesses to operate lawfully and avoid disruptions. We work closely with local planning and zoning boards in New York and New Jersey to secure permits, variances, and site plan approvals. Our attorneys ensure your business complies with all local land use regulations while strategically advocating for your interests.
• FDA, FDCA, and Industrial Hemp Farm Bill Compliance – Cannabis businesses in New York and New Jersey must adhere to federal standards under the FDA and FDCA while navigating the unique provisions of the Industrial Hemp Farm Bill. Our team provides guidance on product safety, labeling, and marketing to meet these federal requirements. We help you ensure compliance while reducing the risk of costly enforcement actions.
• Cannabis Product Labeling and Advertising Requirements – Product labeling and advertising are highly regulated in both New York and New Jersey. We assist clients in developing packaging and marketing strategies that meet state and federal regulations, ensuring accurate labeling, avoiding prohibited claims, and appealing to your target audience while remaining compliant.
• Municipal Ordinance Navigation – Municipal ordinances in New York and New Jersey often add another layer of complexity to cannabis business operations. Our team monitors local developments, advises on regulatory changes, and helps clients comply with unique municipal requirements, from zoning to licensing deadlines.
Our attorneys assist with establishing and managing cannabis-related businesses to support growth and operational efficiency.
• Business Formation and Structuring- Launching a cannabis business requires thoughtful planning to align with the legal and financial requirements in New York and New Jersey. We assist clients in selecting the right corporate structure, whether it’s an LLC, corporation, or partnership, to maximize tax efficiency and operational flexibility.
• Partnership, Operating, and Shareholder Agreements – Clear and enforceable agreements are essential for cannabis businesses with multiple stakeholders. We draft partnership agreements, operating agreements, and shareholder agreements that define roles, responsibilities, and profit-sharing arrangements to avoid disputes and foster collaboration.
• Contract Drafting, Review, and Negotiation-From supply chain agreements to vendor contracts, cannabis businesses require well-drafted agreements to protect their interests. Our attorneys have the knowledge to draft, review, and negotiate contracts tailored to the unique demands of the cannabis industry in New York and New Jersey.
• Mergers, Acquisitions, and Business Transactions – The cannabis industry offers growing opportunities for mergers and acquisitions. We guide clients through these complex transactions, performing due diligence, structuring deals, and ensuring compliance with all regulatory requirements in New York and New Jersey.
• Joint Ventures and Strategic Alliances –Collaboration can drive success in the cannabis industry. We assist clients in forming joint ventures and strategic partnerships, ensuring that agreements are mutually beneficial and comply with local and state regulations.
Navigating the complex world of cannabis banking requires specialized knowledge. We provide actionable guidance for businesses and financial institutions alike.
• Financial Regulatory Guidance -Navigating cannabis banking in New York and New Jersey involves understanding a complex web of federal and state regulations. We provide financial institutions and cannabis businesses with practical guidance to ensure compliance with FinCEN and other regulatory bodies.
• AML/KYC Compliance for Financial Institutions –Financial institutions serving cannabis businesses must implement robust anti-money laundering (AML) and know-your-customer (KYC) protocols. We assist banks in designing compliance programs that meet federal and state requirements while serving the cannabis sector.
• Structuring Cannabis Banking Programs – Creating banking programs for cannabis businesses requires balancing opportunity with regulatory risk. We work with financial institutions to develop structured programs that support cannabis businesses while meeting legal obligations.
• Risk Management and Mitigation Strategies – The cannabis industry faces unique financial risks due to limited banking options and federal restrictions. We help clients identify and mitigate these risks, ensuring operational and financial stability.
Cannabis businesses face strict rules for marketing, branding, and product packaging. We ensure compliance while helping you create compelling brands.
• Packaging and Labeling Compliance with State and Federal Laws – Packaging for cannabis products must meet strict legal standards, including child-resistant designs and accurate product information. We assist businesses in New York and New Jersey with ensuring their packaging meets state and federal requirements while maintaining a strong market presence.
• Trademark and Copyright Registration – Securing trademarks and copyrights for cannabis brands is critical in a competitive market. Our attorneys help clients register their intellectual property, ensuring their brands are protected despite restrictions at the federal level.
• Strategic Branding Guidance – Building a recognizable and compliant cannabis brand requires creativity and legal insight. We work with clients to develop branding strategies that differentiate their products while adhering to advertising and labeling laws in New York and New Jersey.
• Advertising and Marketing Review – Cannabis advertising is tightly regulated, with restrictions on targeting minors and making unverified claims. We review advertising campaigns to ensure compliance while maximizing their effectiveness in reaching the intended audience.
We help cannabis businesses safeguard their innovations and establish strong brands in a competitive market.
• Trademark and Copyright Registration – The inability to secure federal trademarks for cannabis products makes state-level protection crucial. We assist businesses in registering trademarks and copyrights at the state level to safeguard their intellectual property and establish strong market positions.
• Enforcement of IP Rights – Protecting intellectual property is vital in the competitive cannabis industry. We help clients enforce their rights through cease-and-desist letters, negotiation, and litigation to address infringement issues.
• Licensing Agreements for Products and Brands –Licensing agreements allow businesses to expand their reach while maintaining control over their intellectual property. We draft and negotiate licensing agreements tailored to the cannabis industry in New York and New Jersey.
• Trade Secret Protection – Cannabis businesses often rely on proprietary methods and formulations. We advise clients on protecting trade secrets and implement strategies to guard against unauthorized use or disclosure.
• Dispute Resolution for IP Infringements – When intellectual property disputes arise, our attorneys provide aggressive representation in mediation, arbitration, and litigation to protect our clients’ rights and investments.
Our team offers vast experience in commercial real estate and business development, tailored to the unique demands of the cannabis industry.
• Commercial Leasing and Acquisitions – Securing real estate that complies with cannabis zoning laws is a significant challenge. Our attorneys help clients negotiate commercial leases and purchase agreements for dispensaries, cultivation facilities, and other cannabis operations, ensuring protection and compliance with New York and New Jersey regulations.
• Landlord/Tenant Negotiations – Cannabis businesses face unique challenges in leasing arrangements. We represent both landlords and tenants, negotiating lease terms that address compliance with cannabis laws, security requirements, and other operational needs specific to the industry.
• Zoning and Environmental Compliance –Environmental compliance is critical in the cannabis industry, especially for cultivators and processors. We guide businesses through zoning and environmental requirements, ensuring your operations meet New York and New Jersey standards for sustainability and regulatory compliance.
• Strategic Planning for Growers, Cultivators, and Dispensaries – Successful cannabis businesses require strategic site selection and operational planning. We help growers, cultivators, and dispensaries identify optimal locations and navigate complex regulatory landscapes to achieve their goals.
• Waste Management and Disposal Solutions –Cannabis operations must adhere to strict waste disposal regulations in New York and New Jersey. Our attorneys help clients develop compliant waste management plans, mitigating risks of environmental violations and ensuring sustainability.
As the cannabis industry grows, so does the need for tailored workplace policies and employment agreements.
• Drafting and Reviewing Employee Policies – Cannabis businesses must navigate employment laws that intersect with evolving cannabis regulations. We help draft workplace policies that address drug testing, impairment, and compliance with state and federal labor laws.
• Workplace Impairment Recognition Evaluator Training – New Jersey employers are required to implement impairment recognition protocols for cannabis use. We provide training and policy development to help employers comply with these requirements while ensuring workplace safety.
• Employment Contracts and Non-Disclosure Agreements – Hiring and retaining talent in the cannabis industry requires carefully crafted contracts. We draft employment agreements and NDAs to protect both the business and its workforce.
• Navigating Labor and Employment Disputes – Labor disputes in the cannabis industry can be particularly complex. Our attorneys represent employers in resolving disputes through negotiation, arbitration, or litigation.
We specialize in assisting hospitality businesses integrate cannabis and psychedelics into their operations, ensuring compliance and maximizing opportunities.
• Licensing for Consumption Lounges – As New York and New Jersey expand regulations to include cannabis consumption lounges, businesses must navigate new licensing requirements. We assist hospitality clients in applying for and maintaining licenses to operate consumption lounges, ensuring compliance with state and local laws.
• On-Premises Use Compliance – Cannabis use in hospitality settings involves unique legal challenges. We help hotels, restaurants, and event venues develop policies and procedures that align with on-premises consumption regulations, minimizing risk and ensuring compliance.
• Hospitality-Focused Business Strategy and Development – The intersection of cannabis and hospitality offers lucrative opportunities for forward-thinking businesses. We provide strategic counsel to help clients integrate cannabis into their operations, from concept development to compliance.
• Regulatory Guidance – Cannabis-related businesses in the hospitality sector face rapidly evolving regulations. Our attorneys stay ahead of these changes and provide clients with up-to-date guidance to ensure their ventures comply with state and local laws.
When disputes arise, our trial-ready attorneys provide vigorous representation to protect your business interests.
• State Agency Appeals – Cannabis-related businesses in the hospitality sector face rapidly evolving regulations. Our attorneys stay ahead of these changes and provide clients with up-to-date guidance to ensure their ventures comply with state and local laws.
• Breach of Contract Claims – Disputes over contracts are common in the cannabis industry. We represent clients in breach of contract cases, ensuring their interests are protected and seeking favorable resolutions through negotiation or litigation.
• Real Estate and Land Use Disputes – Land use and real estate conflicts can disrupt cannabis operations. We advocate for clients in disputes involving zoning, environmental compliance, and leasing agreements.
• Shareholder and Partnership Disputes – Internal disagreements can threaten a business’s success. We help cannabis companies resolve shareholder and partnership disputes efficiently, minimizing disruption to operations.
• Regulatory Challenges and Compliance Violations – Non-compliance with state or local regulations can result in costly penalties. Our team defends clients facing enforcement actions and works to resolve regulatory challenges to maintain business continuity.
• Defense Against Complex Commercial Claims – From RICO allegations to product liability claims, cannabis businesses face unique legal risks. Our experienced litigators provide vigorous defense strategies tailored to the complexities of the cannabis industry.
Our attorneys are committed to advancing the industry and advocating for legal reform. Led by Joshua S. Bauchner, Chair of the Cannabis, Hemp & Psychedelics Practice Group, we have been instrumental in shaping the conversation on cannabis regulation. In addition to our significant scholarship [link to publications], our accomplishments include:
• Co-hosting New Jersey’s first Cannabis Symposium.
• Filing amicus curiae briefs in landmark cases like Washington v. Barr and Aggarwal v. DEA.
• New Jersey State Bar Association Cannabis & Psychedelics Law Committee, immediate past co-chair
• Hemp Beverage Alliance
• New York State Bar Association Cannabis Law Committee
• NORML Legal and Amicus Committees
• Recipient of the New Jersey Law Journal’s Innovator of the Year Award for work in the cannabis space
Cannabis Department of Mandelbaum Barrett PC Announced Cannabis Law Practice of the Year Winner by New Jersey Law Journal
October 31, 2025
We’re proud to celebrate the Cannabis Department of Mandelbaum Barrett PC for being recognized by the New Jersey Law Journal as winners of the Cannabis Law Practice of the Year Award. This recognition underscores our team’s dedication to delivering strategic counsel across licensing, compliance, real estate, tax, banking, and litigation in the evolving cannabis, hemp […]
Mandelbaum Barrett PC Named a Finalist for Cannabis Law Practice of the Year by New Jersey Law Journal
October 24, 2025
Defending small businesses. Empowering entrepreneurs. Mandelbaum Barrett PC is proud to be named a Finalist for Cannabis Law Practice of the Year by the New Jersey Law Journal. Led by Joshua S. Bauchner, Chair of the Cannabis, Hemp, & Psychedelics Practice Group, our multidisciplinary team provides comprehensive counsel across regulatory compliance, real estate, tax, banking, […]
Guns, Cannabis, and the Constitution: SCOTUS to Hear United States v. Hemani on Cannabis Use and Gun Ownership
October 20, 2025
The United States Supreme Court added another significant Second Amendment dispute to its 2025-26 calendar. On October 20, 2025, the Court granted certiorari in United States v. Hemani, a case that could shape the legal landscape for millions of Americans who use marijuana and own firearms. The Court is expected to hear oral argument in […]
NEW YORK LAW JOURNAL: Bauchner Weighs in on NY’s Psilocybin Legalization
October 6, 2025
When it comes to the evolving landscape of cannabis, hemp, and psychedelics law, few voices are as active as our Chair, Joshua S. Bauchner, at Mandelbaum Barrett PC. Recently highlighted in a New York Law Journal publication, Bauchner discussed the growing legal opportunities for attorneys should New York move forward with medicinal psilocybin legalization.
The Mandelbuzz
October 3, 2025
We built this mini-magazine for the growers, retailers, manufacturers, processors, investors, and everyday innovators who keep this industry moving—even when the rules change mid-game. If you’ve ever opened a new dispensary, launched a brand, or spent hours explaining 280E to your bookkeeper, this was made with you in mind.
NY Proximity Dispute Litigation Delayed
September 2, 2025
On August 15, 2025, a coalition of 12 licensed cannabis dispensaries—including Conbud, The Cannabis Place, and Housing Works Cannabis Co.—filed suit against the New York State Office of Cannabis Management (OCM). The lawsuit follows the agency’s abrupt July announcement that dispensary setbacks from schools must be measured from property lines, not front doors, putting at […]
Local Impact with WRNJ News: The Complex History and Future of Cannabis in New Jersey
August 12, 2025
Cannabis legalization in New Jersey may seem like a recent victory, but its history is rooted in nearly a century of political maneuvering, social injustice, and conflicting laws. On a recent episode of Local Impact with WRNJ News Director Joyce Estey, I discussed how we got here, why federal law still creates major challenges, and the surprising role hemp plays in today’s cannabis marketplace.
CRAIN’S Smoke Shops vs. NY State: The Legal Fight for Fair Cannabis Enforcement
July 18, 2025
On October 16, 2024, 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. 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.
CRAINS: City Smoke Shops Keep the Fight Against Crackdowns Alive in Court
July 16, 2025
In New York City, smoke shops have become a primary focus of state and local enforcement aimed at shutting down unlicensed cannabis sales. Raids and inspections are being carried out across the city, but many licensed hemp retailers say they’re being unfairly grouped together with illicit operators. As a result, businesses that are following the law are facing closures, product seizures, and reputational harm, blurring the line between illegal activity and lawful commerce.
Spring 2025 Newsletter
March 11, 2025
Our Spring 2025 Newsletter covers the latest in cannabis, hemp, and psychedelics! Check out some of the topics we cover in our latest issue: – Kicking Off 2025 with More Breakthroughs-Landmark Victory for Hemp Retailers-Cannabis Clearinghouse-CAURD Grant Program-New Jersey CRC Opens Applications for Cannabis Consumption Areas-NY Cannabis Regulations Updated-Major Win for Hemp Retailers-NJ Bill Aims […]
ONNJ: New Jersey Moves to Expand Recreational Cannabis Access
February 24, 2025
On February 18, 2025, attorney Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice at Mandelbaum Barrett PC, appeared on ONNJ Mornings with Ken Rosato to discuss a major legislative proposal that could reshape New Jersey’s cannabis industry. The bill aims to streamline the transition of medical dispensaries into the recreational market by […]
Law 360: Court Rules Against Job Applicant in Cannabis Employment Case
February 6, 2025
Joshua Bauchner and Natalie Diaz of Mandelbaum Barrett PC’s Cannabis, Hemp and Psychedelics Practice Group provided this analysis for Law360. You can read their full article “Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits,” here. A recent decision by the U.S. Court of Appeals for the Third Circuit in Zanetich v. Walmart has major […]
JD Supra: Navigating the Complexities of Cannabis and Road Safety
February 4, 2025
JD Supra recently featured attorneys Joshua S. Bauchner and Natalie C. Diaz from our Cannabis, Hemp, and Psychedelics practice group in an insightful article discussing the complexities of cannabis and road safety. Both attorneys provide valuable analysis on the evolving legal landscape of cannabis use and its impact on driving regulations.
FORBES: New York Judge Bans Warrantless Searches of Hemp Businesses
February 3, 2025
Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was highlighted in the Forbes article, “New York Judge Bans Warrantless Searches of Hemp Businesses,” for his role in securing a major legal victory for hemp retailers. A New York judge ruled that the Office of Cannabis Management (OCM) and NYC Sheriff’s Office violated the Fourth Amendment by conducting warrantless raids on licensed hemp stores.
NY1: Cannabis Attorney Weighs In on Recent Judge Decision Ruling Raids on Licensed Hemp Stores Illegal
January 23, 2025
Joshua S. Bauchner, Chair of Mandelbaum Barrett’s Cannabis, Hemp, and Psychedelics Practice Group, was highlighted in NY1 regarding a significant court ruling that bars warrantless searches of licensed hemp stores. In the wake of this significant decision, Fatima Afia, a cannabis attorney from the Rudick Law Group, spoke with political reporter Bobby Cuza on “Inside City Hall,” highlighting the implications for New York’s hemp industries. The ruling from an upstate judge, which found that state cannabis regulators lacked the authority to conduct these raids without warrants, is a crucial victory for licensed hemp businesses and a strong affirmation of constitutional protections.
BLOOMBERG LAW: NYC Sheriff Barred From Warrantless Hemp Business Searches
January 15, 2025
In a significant legal victory for New York’s hemp industry, Joshua S. Bauchner, Chair of Mandelbaum Barrett PC’s Cannabis, Hemp, and Psychedelics Practice Group, was vital in securing a ruling that prohibits the New York City Sheriff’s Office and the Office of Cannabis Management (OCM) from conducting warrantless searches and seizures of licensed hemp businesses. Representing hemp retailers in the case, Bauchner helped ensure that these businesses are shielded from unconstitutional overreach as mentioned in the Bloomberg Law article, “NYC Sheriff Barred From Warrantless Hemp Business Searches”. The ruling by Albany County Supreme Court Justice Thomas Marcelle found that the actions of the sheriff’s office were likely unconstitutional, further protecting the rights of licensed hemp operators in New York.
Green Market Report: New York Court Rules Against Enforcement Crackdown, This Time in Favor of Hemp Shops
January 15, 2025
Joshua Bauchner, Chair of our Cannabis, Hemp, and Psychedelics Practice Group, was highlighted in Green Market Report for his crucial role in a court decision that strengthens protections for licensed hemp operators in New York. In this case, the court ruled that law enforcement officials could no longer conduct warrantless searches of licensed hemp businesses under the pretense of “administrative inspections.” This decision ensures greater accountability in enforcement actions and upholds the constitutional rights of hemp operators.
NJBIZ: Joshua S. Bauchner on Cannabis Policy Changes Under Trump
January 15, 2025
In the NJBIZ article, “Could new Trump administration ease federal limits on cannabis?”, it was reported that as the cannabis industry braces for the return of Donald Trump to the White House, stakeholders are watching closely for potential shifts in federal policy. While past Republican administrations have been cautious on cannabis, Trump’s campaign rhetoric has […]
LAW.COM: NY Trial Court Halts State Dragnet on Licensed Hemp Operators
January 15, 2025
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.
LAW360: Judge Orders NY Authorities to Halt Raids of Hemp Stores
January 15, 2025
Joshua Bauchner, Chair of our Cannabis, Hemp, and Psychedelics Practice Group, is prominently featured in Law360 for his pivotal role in a landmark court decision that halted unwarranted raids on licensed hemp stores in New York.
Joshua S. Bauchner Featured on Spectrum News for Advocacy in Hemp Retail Enforcement Challenges
December 4, 2024
Attorney Joshua S. Bauchner, Chair of the Cannabis, Hemp & Psychedelics Practice Group at Mandelbaum Barrett PC, was recently featured on Spectrum News to discuss the ongoing challenges faced by licensed hemp retailers in New York. The segment highlighted the complexities of regulatory enforcement in the cannabis and hemp industries, particularly as legitimate businesses encounter […]
Judge Allows Hemp Operators to Remove Enforcement Signs Claiming Illicit Activity
November 22, 2024
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.
TIMES UNION: Judge orders ‘illicit cannabis’ signs removed as NY regs face scrutiny
November 18, 2024
Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, alongside Partner Jed Weiss and Associate Natalie Diaz, were highlighted in a Times Union 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 […]
New Jersey Hemp Industry Faces Uncertainty: Asbury Park Press & NJ Monitor
October 14, 2024
New Jersey’s hemp industry is navigating a period of significant upheaval following two major court rulings in October 2024, which disrupted the sale of intoxicating hemp products like delta-8 and THC seltzers. On October 12, a federal judge struck down parts of the state’s new hemp law, citing violations of federal law. This ruling has […]
Podcast: Hemp retailers cry foul over illicit marijuana crackdown
October 11, 2024
“When the regulators are drafting their own regulations to do this in the most superficial way imaginable, they claim, we looked at the labels, we saw a cannabis leaf logo. It’s got to be illegal, nothing more.” Joshua S. Bauchner explains how the New York State Office of Cannabis Management‘s effort to curb the illicit marijuana […]
Lawsuit Accuses NY Pot Regulators of Violating Hemp Stores’ Rights
August 28, 2024
The enforcement actions have severely impacted the hemp industry, with many store owners claiming the new regulations have crippled their businesses. The Office of Cannabis Management has not responded to inquiries about the number of stores inspected, products seized, or the outcomes of these actions. Many hemp retailers were unaware that their products had become illegal until they were seized in recent months.
NJ Cannabis Regulations: Local Control and Social Equity Challenges
July 19, 2024
As New Jersey’s cannabis industry continues to evolve, striking a balance between local regulatory control and equitable market access remains crucial. Applicants, especially those from “social equity” backgrounds, face significant challenges due to financial constraints and stringent local regulations. The article by Joshua S. Bauchner and Natalie C. Diaz provides a comprehensive overview of these challenges and offers valuable insights into navigating the complex regulatory environment.
NJLJ: How Will the Federal Reclassification of Marijuana Affect New Jersey’s Cannabis Industry?
June 16, 2024
In a recent article published by the New Jersey Law Journal, the DEA’s proposal to reclassify marijuana from Schedule I to Schedule III marks a significant shift in federal drug policy, acknowledging its medical benefits and potential legal ramifications.
Joshua S. Bauchner, Chair of the Cannabis, Hemp & Psychedelics Practice Group at Mandelbaum Barrett PC, was quoted emphasizing the significance of this step towards acknowledging cannabis’s medical value. He highlights that while rescheduling is a positive development for the industry, the ultimate goal remains declassification to address past injustices and fully normalize cannabis.
NJBIZ Insight: Joshua Bauchner’s Analysis of Highland Park’s Cannabis Legal Battle
May 20, 2024
Joshua Bauchner analyzes the legal intricacies of Highland Park’s cannabis battle. Bauchner underscores the court’s rejection of federal preemption claims and the uphill battle facing opponents. He emphasizes the inevitability of cannabis legalization in New Jersey despite challenges, offering insights into the legal landscape and the industry’s future.
Joshua Bauchner quoted on NJBiz Article: Marijuana reclassification could clear hurdles for NJ businesses
May 6, 2024
In response to the DEA’s recommendation to reschedule marijuana, Joshua Bauchner, emphasized the need for broader reform. Bauchner stated, “While it’s an important step forward in recognizing the long-established medicinal value of cannabis, the ultimate goal is not rescheduling, it’s descheduling.” This underscores the ongoing dialogue surrounding cannabis legislation and the varied viewpoints within the legal community, reflecting the complexities involved in reshaping cannabis policy.
Breaking News: DEA Insider Leaks Hint at Cannabis Reclassification
May 6, 2024
According to insiders, the DEA is considering a reclassification of cannabis. The proposal, yet to undergo White House review, could mark a significant shift in federal cannabis policy. If approved, this move might pave the way for greater research opportunities and potentially alter the landscape of cannabis regulation in the United States.
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 […]
Guns, Cannabis, and the Constitution: SCOTUS to Hear United States v. Hemani on Cannabis Use and Gun Ownership
October 20, 2025
The United States Supreme Court added another significant Second Amendment dispute to its 2025-26 calendar. On October 20, 2025, the Court granted certiorari in United States v. Hemani, a case that could shape the legal landscape for millions of Americans who use marijuana and own firearms. The Court is expected to hear oral argument in […]
The NJEDA NJ LEAF Loan Program: A Vital Resource for New Jersey’s Cannabis Businesses
October 15, 2025
On September 15, 2025, the New Jersey Economic Development Authority (NJEDA) announced the launch of a $15 million pilot loan program to support the state’s expanding recreational cannabis industry. The New Jersey Lending for Equity, Access, and Financing (NJ LEAF) Program is designed to provide capital to licensed cannabis cultivators, manufacturers, and testing laboratories operating in the state. Because cannabis remains a Schedule I substance under federal law, cannabis businesses are largely excluded from traditional banking services and loans. As a result, many rely on private financing, which makes it difficult to access affordable capital and cover startup costs.
The Mandelbuzz
October 3, 2025
We built this mini-magazine for the growers, retailers, manufacturers, processors, investors, and everyday innovators who keep this industry moving—even when the rules change mid-game. If you’ve ever opened a new dispensary, launched a brand, or spent hours explaining 280E to your bookkeeper, this was made with you in mind.
NEW YORK LAW JOURNAL: NY’s Current Cannabis Legal Landscape: Progress, Paralysis, or Both?
October 3, 2025
In their recent piece for the New York Law Journal, Joshua S. Bauchner and Natalie C. Diaz pose a compelling question: Is New York’s cannabis program making real progress — or is it stuck in paralysis? As the state tries to move from legalization to implementation, the landscape is increasingly defined by tension: bold ambitions on paper, but messy execution in practice.
NJEDA Cannabis Business Development Grant Launching This Fall – Our Firm Can Help You Apply
September 29, 2025
The New Jersey Economic Development Authority (“NJEDA”) is preparing to launch the Cannabis Business Development (“CBD”) Grant program later this fall (date to be announced). This program is specifically designed to support licensed cannabis businesses in New Jersey by offering one-time reimbursement grants of up to $75,000. The goal is to reduce financial barriers to entry and expansion in the state’s growing adult-use cannabis market, particularly for independent operators.
NY Proximity Dispute Litigation Delayed
September 2, 2025
On August 15, 2025, a coalition of 12 licensed cannabis dispensaries—including Conbud, The Cannabis Place, and Housing Works Cannabis Co.—filed suit against the New York State Office of Cannabis Management (OCM). The lawsuit follows the agency’s abrupt July announcement that dispensary setbacks from schools must be measured from property lines, not front doors, putting at […]
Second Circuit Ruling in Variscite v. NYCCB – Another Court Finding NYS OCM’s Regulatory Scheme Is Unconstitutional
August 20, 2025
In a pivotal ruling issued on August 12, 2025, the United States Court of Appeals for the Second Circuit vacated a lower court decision and held that portions of New York’s cannabis licensing framework violate the Dormant Commerce Clause (“DCC”) of the United States Constitution. The case, Variscite NY Four, LLC v. New York State Cannabis Control Board, presents yet another significant constitutional challenge to how states implement social equity programs within their legal cannabis industries. The decision is expected to influence state cannabis regulatory schemes and markets across the country.
President Trump Confirms Marijuana Rescheduling Is Under Consideration
August 15, 2025
President Donald Trump confirmed this week that his administration is actively reviewing the possibility of reclassifying marijuana as a less dangerous drug. This move would follow through on a proposal made under the Biden administration, which began the process of shifting cannabis from Schedule I to Schedule III in 2024. However, that process was not completed before President Biden left office.
New York Cannabis Ruling: Businesses Can Raise Constitutional Challenges in OCM Administrative Hearings
August 13, 2025
In a major legal win for New York cannabis licensees, Mandelbaum Barrett PC has secured a precedent-setting decision that strengthens the rights of businesses facing Office of Cannabis Management (OCM) enforcement actions.
CANNABIS RADIO: Challenges in Detecting Cannabis Impairment in the Workplace
August 1, 2025
Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, recently appeared on Blunt Business hosted by Cannabis Radio. In this episode, he unpacked the complex legal challenges surrounding cannabis use in employment settings, particularly the difficulty of addressing impairment while respecting employee rights.
Too Close for Comfort: OCM’s Distance Debacle Threatens 150+ Dispensaries
July 31, 2025
On July 28, 2025, the New York State Office of Cannabis Management (OCM) confirmed what many in the cannabis industry have long suspected: inconsistent enforcement and interpretation of its own rules. This time, the fallout is devastating. In a stunning revelation, OCM admitted it had measured the distance between dispensaries and schools incorrectly—using entrance-to-entrance measurements instead of property-line-to-property-line, as clearly required by law.
NEW JERSEY LAW JOURNAL: New Jersey’s Cannabis Market v. Federal Prohibition
July 15, 2025
Joshua S. Bauchner, Chair of the Cannabis, Hemp & Psychedelics Practice Group at Mandelbaum Barrett PC, recently explored a pivotal federal court ruling in his latest article for the New Jersey Law Journal—a decision that is sending shockwaves through New Jersey’s cannabis and hemp sectors.
Cannabis in the Workplace: Navigating Employee Rights and Workplace Safety
May 22, 2025
Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was recently highlighted in the New Jersey Business Magazine article titled “Cannabis Usage in the Workplace”, where he explains the legal challenges employers face in balancing employee rights with maintaining a safe and compliant work environment.
Cannabis Safety in New Jersey – CRC’s Updated Testing and Compliance Standards
April 4, 2025
The cannabis industry in New Jersey is undergoing a transformation, with an increased emphasis on safety, transparency, and quality assurance. During its February 18th public meeting, the New Jersey Cannabis Regulatory Commission (“CRC”) released the full, updated cannabis lab testing guidance (the “Testing Guidance”), which provides further clarification to existing regulations to ensure consumer safety and boost public confidence in cannabis products. These measures come in response to mounting concerns about contamination, including mold, pesticides, heavy metals, and the reliability of potency claims, especially in light of the June 29, 2024, recall of various Green Joy products.
NJ Lawmakers Weigh New Cannabis License Approval Process
March 18, 2025
New Jersey lawmakers are considering a bill that could significantly impact the cannabis industry by simplifying the approval process for medical dispensaries to sell adult-use cannabis. Currently, these businesses must secure local approval before expanding, but under the proposed legislation, that decision would rest solely with the New Jersey Cannabis Regulatory Commission (CRC). Joshua Bauchner, Chair of the Cannabis & Psychedelics Practice Group at Mandelbaum Barrett PC, shared his perspective on the issue in the NJBIZ article, “NJ Lawmakers Consider New Option for Cannabis License Approvals.”
Spring 2025 Newsletter
March 11, 2025
Our Spring 2025 Newsletter covers the latest in cannabis, hemp, and psychedelics! Check out some of the topics we cover in our latest issue: – Kicking Off 2025 with More Breakthroughs-Landmark Victory for Hemp Retailers-Cannabis Clearinghouse-CAURD Grant Program-New Jersey CRC Opens Applications for Cannabis Consumption Areas-NY Cannabis Regulations Updated-Major Win for Hemp Retailers-NJ Bill Aims […]
New York’s Cannabis Regulations: Understanding the Amendments to Proximity Requirements and Public Convenience and Advantage Rules
March 6, 2025
New York’s Cannabis Control Board (“CCB”) amended its cannabis regulations to refine licensing criteria, adjust distance restrictions, and strengthen public convenience and advantage considerations. These amendments aim to promote economic development, ensure an orderly expansion of the market, and mitigate unintended consequences such as market oversaturation and inequitable access. The changes reflect New York’s commitment to fostering a balanced, competitive, and transparent cannabis industry while incorporating public and municipal input into the regulatory framework.
NJ Bill Aims to Speed Up Approvals for Cannabis Dispensaries
February 13, 2025
A new bill introduced by Senate President Nicholas Scutari seeks to speed up the approval process for cannabis dispensaries in New Jersey, a move aimed at addressing delays in establishing the state’s cannabis market. Joshua Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, commented on the bill’s potential impact in the article “New Bill Could Speed Up Approvals for Cannabis Dispensaries” by the New Jersey Monitor. He notes that this bill would bypass the municipal approval process, which has caused significant delays and litigation for stores in the past.
LAW360: NY Pot Agencies Want Hemp Regulations Challenge Tossed
February 12, 2025
Joshua S. Bauchner, Chair of our Cannabis, Hemp, and Psychedelics Practice Group, was recognized in the Law360 article, “NY Pot Agencies Want Hemp Regulations Challenge Tossed”, for his role in challenging New York’s evolving hemp regulations. Representing these companies, Bauchner has been pushing back against the state’s efforts to dismiss their lawsuit, arguing that these regulations unlawfully restrict hemp product sales and contradict federal law.
KIGHT ON CANNABIS: Victory for Hemp Retailers, New York Supreme Court Rebukes Overreach by State Agencies
February 6, 2025
Joshua S. Bauchner, Chair of the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, was highlighted in Cannabusiness.law Kight On Cannabis section, in the article “Victory for Hemp Retailers: New York Supreme Court Rebukes Overreach by State Agencies”. He was commended for his critical role in defending the rights of hemp businesses, as his advocacy helped push back against regulatory overreach that threatened the industry’s ability to operate within legal parameters.
Another Major Win for Hemp Retailers: Case Dismissed by NYOCM Office of Administrative Hearings
January 27, 2025
The Office of Administrative Hearings recently dismissed a notable case involving allegations of unlicensed cannabis sales, offering valuable insights into the evolving regulatory landscape for licensed hemp retailers. On January 16, 2024, the ruling brought clarity to compliance expectations and underscored the importance of due process and evidentiary burdens in enforcement actions. The case centered […]
Educate and Empower Your Team: Navigating the WIRE Mandate
January 24, 2025
Navigating Workplace Impairment: What Employers Need to Know About WIREs As the legal landscape around cannabis continues to evolve, employers face new challenges in managing workplace safety and compliance. With employees potentially engaging in offsite medicinal or recreational cannabis use, businesses must distinguish between “intoxication” (cannabis presence in an employee’s system) and “impairment” (observable behavior […]
New Jersey Updates Cannabis Tax Guidance: Key Changes You Need to Know
January 14, 2025
The New Jersey Division of Taxation has recently updated its guidance on cannabis product taxes, providing important clarifications for both consumers and businesses in the state. The updated guidance specifically defines which cannabis items are subject to state taxes, with a focus on “Intoxicating Hemp” products.
Navigating the Complexities of Cannabis and Road Safety
January 10, 2025
As the legalization of recreational cannabis continues to gain momentum across the United States, the need to address its impact on road safety has become increasingly urgent. Colorado, a pioneer in cannabis legalization, has emerged as a central hub for groundbreaking research into the effects of cannabis and driving. Federal scientists, armed with innovative tools and methods, are tackling critical questions about cannabis impairment and working to fill the gaps in our understanding. From retrofitted, tapestry-lined vans to state-of-the-art driving simulators, researchers are delving into the ways cannabis affects motor skills and reflexes in both frequent and occasional users. Their mission is clear: to provide policymakers with the evidence necessary to design fair and enforceable cannabis-driving laws that prioritize public safety while respecting individual freedoms.
Season’s High-lights: Exciting Updates from the Cannabis Team
December 30, 2024
As the cannabis industry continues to evolve, our Cannabis, Hemp & Psychedelics Practice Group remains dedicated to providing cutting-edge solutions, advocating for equity, and navigating the complexities of compliance. Our latest updates showcase some of the impactful strides we’ve made recently, highlighting our commitment to supporting clients and driving positive change in the industry. In […]
New Jersey CRC to Open Applications for Cannabis Consumption Areas: Key Details You Need to Know
December 17, 2024
Applications for cannabis consumption area endorsements are set to open on January 2, 2025, creating regulated spaces for adults aged 21 and older to consume cannabis products purchased at licensed dispensaries. The New Jersey Cannabis Regulatory Commission (“CRC”) approved a Notice of Adoption of the Cannabis Consumption Area Rules on January 17, 2024, via Resolution […]
NY Court Again Enjoins Cannabis Licensure Due To OCM’s Errors In Program Administration
December 16, 2024
On December 12, 2024, the New York Supreme Court in Albany County granted an Article 78 petition seeking a preliminary injunction in the case of Organic Blooms, LLC, et al. v. New York State Cannabis Control Board and Office of Cannabis Management. This case addresses key issues in the State’s cannabis licensing program and has significant implications for the industry and regulatory practices in New York.
Cannabis, Hemp & Psychedelics Newsletter
October 24, 2024
The Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC, chaired by Joshua S. Bauchner, released their latest newsletter on October 20th, providing key updates on their ongoing legal battles and industry insights. You can read the full newsletter here. The newsletter mentions that Mandelbaum Barrett PC’s Cannabis, Hemp, and Psychedelics Practice Group continues […]
New Jersey’s New Hemp Regulations Create More Problems Than They Solve
October 16, 2024
Governor Phil Murphy’s signing of Senate Bill 3235 on September 12, 2024, represents a significant shift in the regulation of intoxicating hemp products in New Jersey. The original intention of the bill was to restrict sales to those under 21 years of age. However, lobbyists turned this simple exercise into a bill better reflecting Frankenstein’s […]
Banking on Green: Cannabis Banking
October 15, 2024
Mandelbaum Barrett PC launched a pioneering initiative as part of our Cannabis, Hemp, and Psychedelics Practice Group: cannabis banking. This move comes as a strategic response to the growing legalization of cannabis and the persistent challenges businesses face in accessing banking and payment services. Since 2014, our Cannabis Practice Group has represented cannabis businesses and […]
Navigating Regulatory Challenges: The Impact on Hemp Businesses in the Tri-State Area
June 10, 2024
Law enforcement in the tri-state area, particularly New York’s Office of Cannabis Management, is intensifying efforts against illicit cannabis. This has led to increased scrutiny of hemp retailers, resulting in closures, product seizures, and potential criminal charges. Legal guidance is crucial for hemp entrepreneurs to navigate the complex regulatory landscape.
U.S. Senators Reintroduce Proposed Legislation Seeking to End Federal Prohibition of Cannabis
May 20, 2024
On May 1, 2024, Senators Booker, Schumer, and Wyden reintroduced the Cannabis Administration and Opportunity Act (“CAOA”). Natalie C. Diaz, Esq., explains how this legislation aims to end federal cannabis prohibition. Reflecting overwhelming public support, the bill addresses social justice, public health, and economic empowerment, marking a comprehensive approach to cannabis reform.
Reclassifying Cannabis as Schedule III: Unpacking the Impact on Taxation, Medical Research, and Social Justice
May 6, 2024
On April 30, 2024, the Associated Press shared news of the DEA’s proposal to reclassify cannabis. Natalie Diaz, Associate in the Cannabis, Hemp & Psychedelics Practice Group, cautiously welcomed the move, seeing potential for better medical research and social justice. Yet, she remained watchful, knowing there were still hurdles ahead in changing cannabis laws.
Breaking News: DEA Insider Leaks Hint at Cannabis Reclassification
May 6, 2024
According to insiders, the DEA is considering a reclassification of cannabis. The proposal, yet to undergo White House review, could mark a significant shift in federal cannabis policy. If approved, this move might pave the way for greater research opportunities and potentially alter the landscape of cannabis regulation in the United States.
Cannabis Legal Updates with Joshua S. Bauchner
May 1, 2024
In a recent episode of the Karma Koala Podcast, Joshua S. Bauchner, Partner at Mandelbaum Barrett PC, delved into cannabis law issues. Bauchner provided insights on DUI blood testing, legal frameworks in New York and New Jersey, emphasizing the complexities and offering clarity to industry stakeholders. His expertise offers invaluable guidance in navigating evolving regulations.
New York Judge’s Landmark Cannabis Ruling Sparks Legal Challenges and Industry Reflection
May 1, 2024
Joshua S. Bauchner, Partner at Mandelbaum Barrett PC, featured in Bloomberg Law, discusses a landmark ruling reshaping New York’s cannabis regulations. Justice Kevin Bryant’s decision in Leafly Holdings Inc. v. NYS Office of Cannabis Management sets precedent, prompting reevaluation of laws. Legal experts anticipate challenges citing Bryant’s decision, aiming to refine regulatory frameworks and safeguard constitutional rights in the cannabis industry.
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 […]
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Another Win for Hemp Retailers: AlterNative Retail LLC Decision Echoes Rejection of Unlawful Enforcement
August 6, 2025
Recent rulings in New York have highlighted increasing judicial scrutiny of how state and city agencies enforce cannabis regulations—particularly against licensed hemp retailers. On August 4, 2025, the Office of Administrative Trials and Hearings (OATH) dismissed a case brought by the NYC Sheriff’s Office against AlterNative Retail LLC, which had been accused of selling cannabis without a retail license.
New York State Supreme Court Enjoins OCM and NYC Sheriff’s Office Warrantless Raids on Hemp Licensees Finding Violation of the Fourth Amendment
January 23, 2025
A New York State Supreme Court Judge this morning issued an injunction against Respondents, the NYS Cannabis Control Board (“CCB”),the Office of Cannabis Management (“OCM”), and the New York City Sheriff’s Office, finding their warrantless, armed raids on State-licensed hemp operators violate the Fourth Amendment’s prohibition of warrantless searches and seizures. The Court held that […]
BLOOMBERG LAW: NYC Sheriff Barred From Warrantless Hemp Business Searches
January 15, 2025
In a significant legal victory for New York’s hemp industry, Joshua S. Bauchner, Chair of Mandelbaum Barrett PC’s Cannabis, Hemp, and Psychedelics Practice Group, was vital in securing a ruling that prohibits the New York City Sheriff’s Office and the Office of Cannabis Management (OCM) from conducting warrantless searches and seizures of licensed hemp businesses. Representing hemp retailers in the case, Bauchner helped ensure that these businesses are shielded from unconstitutional overreach as mentioned in the Bloomberg Law article, “NYC Sheriff Barred From Warrantless Hemp Business Searches”. The ruling by Albany County Supreme Court Justice Thomas Marcelle found that the actions of the sheriff’s office were likely unconstitutional, further protecting the rights of licensed hemp operators in New York.
Green Market Report: New York Court Rules Against Enforcement Crackdown, This Time in Favor of Hemp Shops
January 15, 2025
Joshua Bauchner, Chair of our Cannabis, Hemp, and Psychedelics Practice Group, was highlighted in Green Market Report for his crucial role in a court decision that strengthens protections for licensed hemp operators in New York. In this case, the court ruled that law enforcement officials could no longer conduct warrantless searches of licensed hemp businesses under the pretense of “administrative inspections.” This decision ensures greater accountability in enforcement actions and upholds the constitutional rights of hemp operators.
LAW.COM: NY Trial Court Halts State Dragnet on Licensed Hemp Operators
January 15, 2025
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.
Season’s High-lights: Exciting Updates from the Cannabis Team
December 30, 2024
As the cannabis industry continues to evolve, our Cannabis, Hemp & Psychedelics Practice Group remains dedicated to providing cutting-edge solutions, advocating for equity, and navigating the complexities of compliance. Our latest updates showcase some of the impactful strides we’ve made recently, highlighting our commitment to supporting clients and driving positive change in the industry. In […]
Supporting a Client in Securing Funding for New York CAURD License
December 12, 2024
The Firm’s Cannabis, Hemp, and Psychedelic Practice Group (“CHAP”) is proud to announce a significant milestone in advancing New York’s emerging cannabis industry. This month, attorneys Joshua S. Bauchner, Natalie C. Diaz, and Shawn R. McClelland successfully facilitated a transaction securing necessary funding for a client’s Conditional Adult-Use Retail Dispensary (“CAURD”) license. Through this achievement, […]
TRO Permits Hemp Client to Remove Signs Proclaiming It Criminal in Advance of Hearing
November 12, 2024
Attorneys Joshua S. Bauchner and Jed M. Weiss obtained a Temporary Restraining Order (TRO) on behalf of a State-licensed hemp client permitting it to remove the Scarlet-A incendiary signs posted on its storefronts by the New York Office of Cannabis Management (“OCM”). The firm is actively defending the rights of numerous State-licensed hemp operators getting […]
Victory for Licensed Hemp Retailer: OATH Dismisses Summons and Recommends Reopening
November 12, 2024
In a powerful affirmation of the rights of licensed hemp businesses, the NYC Office of Administrative Trials and Hearings (OATH) recently ruled in favor of our client, a state-licensed hemp retailer, following an aggressive raid and sealing by the NYC Sheriff’s Office. Represented by attorneys Joshua Bauchner and Natalie Diaz of Mandelbaum Barrett PC, the […]
From Waiting to Winning
July 9, 2024
Attorney Natalie C. Diaz continues to work seamlessly with the client, advocating for their best interests and providing legal support. you can contact Natalie C. Diaz at 973-852-4235 or via email at ndiaz@mblawfirm.com
At Mandelbaum Barrett PC, we are proud to have attorneys like Natalie C. Diaz, who go above and beyond to ensure our clients achieve their goals.
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
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Mandelbaum Barrett PC is pleased to offer the Cannabis Clearinghouse—an informal classifieds platform designed to connect professionals in the cannabis, hemp, and psychedelics industries. Whether you’re looking to buy or sell a license, secure a viable location, find equipment, or explore employment opportunities, this free resource fosters collaboration and supports industry growth.
To list an opportunity or inquire about a listing, please email cannabis@mblawfirm.com.
*This page is hosted and monitored by the Cannabis, Hemp, and Psychedelics Practice Group at Mandelbaum Barrett PC. Please note that use of this platform does not establish an attorney-client relationship, and the firm does not provide legal advice based on these listings.
