Joshua S. Bauchner

Joshua Bauchner Presenting During the New Jersey League of Municipalities Conference

Ansell Grimm September 7, 2023

Shareholder Joshua Bauchner will join a panel of experts presenting “The Municipal Cannabis Matrix Reloaded” at the New Jersey League of Municipalities Annual Conference in Atlantic City, November 14-16, 2023. The largest municipal gathering in the nation, this conference provides New Jersey’s local government officials and professionals with extensive learning opportunities, meaningful networking, and a comprehensive showcase of the latest product innovations.

The panel will provide a brief introduction to municipal cannabis before a discussion with city leaders exploring what is and is not working in their cities. Joshua will share insights on how to avoid municipal cannabis litigation. The panel will also address a checklist for governing bodies to consider when drafting or amending cannabis ordinances, police enforcement, smoke-free laws, and cannabis taxation for municipal tax assessors and CFOs. Learn more and register here.

Joshua leads Ansell.Law’s dedicated Controlled Substances & Regulatory Law Practice Group. Our attorneys understand the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substance law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. We are prepared to assist in all aspects of this emerging field and are committed to helping our clients understand their rights and opportunities in this complex and evolving area of law. Please contact Joshua for additional information.

Joshua Bauchner Quoted in New Jersey Monitor Article

Ansell Grimm August 31, 2023

Shareholder Joshua Bauchner is quoted in a New Jersey Monitor article discussing the recent decision impacting New Jersey law enforcement officers’ rights to use cannabis when not on duty. The closely watched case of wrongful termination resulted in a win for police officers who want to use cannabis legally while off duty. The conflict between state and federal law makes this a complex and nuanced issue. Read the article.

Controlled Substances & Regulatory Law August Update

Ansell Grimm August 11, 2023

In the rapidly evolving area of controlled substances law, our attorneys are at the forefront of recent developments and important issues affecting business owners in this exciting space. Read below to learn more.

New Lawsuit Challenges Unconstitutional Bureaucratic Overreach by New York Cannabis Regulators

A new lawsuit challenges unconstitutional overreach by NY cannabis regulators that has delayed or denied dispensary licenses for hundreds of qualified applicants. Read More.

New York’s Cannabis Control Board Approves New Regulations for Select Cannabinoid Products

To curtail the largely uncontrolled New York market of hemp-derived cannabinoids, state regulators recently approved new regulations. However, these regulations are having an immediate negative impact on thousands of small businesses. Read More.

Ansell Law’s New York Controlled Substances and Regulatory Law Capabilities

In addition to our strong foothold navigating New Jersey’s controlled substances industry, Ansell Law has a New York presence where we assist clients seeking a Conditional Adult-Use Retail Dispensary (CAURD) license. Read More.

New Cannabis License Categories Will Become Available in New Jersey

Beginning September 27, 2023, the New Jersey Cannabis Regulatory Committee (“CRC”) will open three new adult-use cannabis license categories- Wholesaler, Delivery, and Distribution- in the Garden State. Read More.

New Coalition Ups Pressure to Reschedule Cannabis From List of Controlled Substances

A new coalition of cannabis lawyers, researchers, activists, and businesses is ramping up pressure on the Biden Administration to either remove cannabis from the Controlled Substances Act’s list of controlled substances or reschedule it to a lower tier. Read More.

In Major Advancement, FDA Issues First-Ever Draft Guidance on Clinical Trials for Psychedelic Drugs

In a significant step that offers the promise of new medical treatments and advancements, the U.S. Food and Drug Administration issued its first-ever guidance for those wishing to study and test psychedelics for medicinal use. Read More.

Firm News

Joshua S. Bauchner and Kelsey M. Barber, two attorneys in our Controlled Substances and Regulatory Law Group, will present during the National Business Institute’s Marijuana Business Operations in New Jersey seminar on August 21, 2023. They will address critical human resources, labor, and employment issues affecting cannabis and marijuana businesses operating in New Jersey. Bauchner and Barber also will provide an ethics presentation exploring rules of professional conduct, the duty to pursue justice, attorney use of cannabis, and attorney ownership of cannabis businesses.

The full-day seminar will be offered live online on August 21, 2023, and available to view on demand. Learn more and register for this information-packed program presented by cannabis industry leaders.

Bauchner also contributed to the book “New Jersey Cannabis Regulation,” published by LexisNexis, which focuses on marijuana laws and regulations as interpreted by NJ courts. The book is available to order.

Ansell Law’s dedicated Controlled Substances & Regulatory Law Practice Group has an in-depth understanding of the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substances law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. Our attorneys are prepared to assist in all aspects of this emerging field. We are committed to helping our clients understand their rights and the opportunities in this complex and evolving area of law. For additional information, please contact Joshua S. Bauchner or Kelsey M. Barber at (973) 247-9000.

New Coalition Ups the Pressure on Biden Administration to Finally Deschedule – or at Least Reschedule — Cannabis From List of Controlled Substances

Ansell Grimm July 26, 2023

By Joshua S. Bauchner –

With most Americans now living in states that have legalized adult-use cannabis, the federal foot-dragging on the removal of cannabis from the list of Schedule I controlled substances is more unsupportable, unsustainable, and illogical than ever. This classification means cannabis is considered to have no accepted medical use, a high potential for abuse, and no accepted safety standards even under medical supervision – all criteria which are unsupported and contradicted by the evidence. But even though grouping marijuana with such drugs as cocaine, heroin, and methamphetamines under the federal Controlled Substances Act (CSA) never made much scientific or societal sense, efforts to correct this long-standing error were consistently met with opposition, inertia, and inaction.

Now, a new coalition of cannabis lawyers, researchers, activists, and businesses is ramping up pressure on the Biden administration to finally address the issue and either remove cannabis from the CSA’s list of controlled substances or reschedule it to a lower tier. On June 26, 2023, the recently formed Coalition for Cannabis Scheduling Reform submitted a comprehensive report to the administration that methodically and persuasively makes a case for the multidimensional benefits of descheduling or rescheduling.

The report comes at a cautiously optimistic time for descheduling advocates, as President Biden has expressed more openness to changing marijuana’s classification than any of his predecessors. But he does not have the power to do so with the stroke of a pen. Accordingly, in October 2022, the president asked the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to initiate an administrative process to review the propriety of marijuana’s classification under the CSA.

Before initiating proceedings to schedule, reschedule, or deschedule a drug, the U.S. Drug Enforcement Administration (DEA) must gather necessary data, request a scientific and medical evaluation from HHS, and request a scheduling recommendation from HHS. This process also includes a review by the Food and Drug Administration (FDA) as to appropriately regulating cannabis.

In its report, the CCSR said that “Descheduling is the optimal outcome and the one that would mark the greatest improvement over the status quo possible without congressional intervention,” It argued that “Descheduling marijuana is sound public policy, supported by both the science and the law, as recent and compelling medical and public health data clearly demonstrate that marijuana simply does not belong in the CSA at all.”

However, the authors continued, if the FDA “determines that it cannot find its way to recommending marijuana descheduling, the Agency should instead recommend rescheduling to schedule III, IV, or V.”

HHS Secretary Xavier Becerra recently said that he hopes his agency will be able to present the president with a scheduling decision by the end of this year. While most observers believe that the FDA is more likely to reschedule cannabis than deschedule it entirely, any progress on the federal front would be better than the current state of affairs.

Ansell’s dedicated Controlled Substances & Regulatory Law Practice Group has an in-depth understanding of the laws related to the production, sale, use, regulation, and legalization of controlled substances, including hemp, cannabis, and psychedelics. Controlled substances law remains a multifaceted and complex field with, at times, conflicting regulations from different governing bodies. Our attorneys are prepared to assist in all aspects of this emerging field. They are committed to helping our clients understand their rights and the opportunities in this complex and evolving area of law. For additional information, please contact Joshua S. Bauchner at (973) 247-9000 or jb@ansellgrimm.com.

Joshua Bauchner and Kelsey Barber Present on New Jersey Marijuana Business Operations

Ansell Grimm July 20, 2023

Shareholder Joshua S. Bauchner and associate Kelsey M. Barber will present during the National Business Institute’s Marijuana Operations in New Jersey seminar. They will address critical human resources, labor, and employment issues affecting marijuana and cannabis businesses operating in New Jersey. Their session includes key considerations for hiring and training employees, navigating 401k issues specific to the industry, and understanding corporate governance. Bauchner and Barber also will provide an ethics presentation exploring rules of professional conduct, the duty to pursue justice, attorney use of cannabis, and attorney ownership of cannabis businesses.

As one of the most rapidly evolving industries today, lawyers in the cannabis space must be educated on licensing, operations, and employment issues such as drug testing. Contact an attorney in our Controlled Substances and Regulatory Law Practice Group with any questions about this emerging area of law.

In Major Advancement, FDA Issues First-Ever Draft Guidance on Clinical Trials for Psychedelic Drugs

Ansell Grimm July 10, 2023

By Josh Bauchner –

Maligned, stigmatized, and marginalized for decades, psychedelic drugs have long been off-limits for researchers and others who wanted to explore the potential therapeutic uses of these substances for various conditions, including PTSD, depression, substance abuse, and anxiety. Now, in a significant step that offers the promise of new medical treatments and advancements, the U.S. Food and Drug Administration (FDA) issued its first-ever guidance for those wishing to study and test psychedelics for medicinal use.

Released on June 23, 2023, the FDA’s draft guidance contains non-binding recommendations for designing clinical trials for psychedelic drugs. According to the FDA, the draft guidance aims to “advise researchers on study design and other considerations as they develop medications that contain psychedelics.” As used within the guidance, the term “psychedelics” refers to “‘classic psychedelics,’ typically understood to be drugs such as psilocybin and lysergic acid diethylamide (LSD) that act on the brain’s serotonin system, as well as ‘entactogens’ or ’empathogens’ such as methylenedioxymethamphetamine (MDMA).”

The guidance discusses basic considerations throughout the drug development lifecycle, including trial conduct, data collection, participant safety, and new drug application requirements. Emphasizing psychedelics’ potential for abuse and psychoactive effects such as hallucinations and mood and cognitive changes, the FDA notes that this creates “a drug safety issue that requires careful consideration and putting sufficient safety measures in place for preventing misuse throughout clinical development.” This includes addressing potential interactions with drugs like antidepressants or lithium and “the role of psychotherapy in psychedelic drug development, considerations for safety monitoring and the importance of characterizing dose-response and the durability of any treatment effect.”

Outlining the needed steps for psychedelic drug testing and study, the FDA provides recommendations for nonclinical safety and toxicology studies, with examples of when extensive previous trial data could substitute typical animal toxicology testing in trials under an Investigational New Drug Application (INDA). The guidance notes that since psychedelics are Schedule I controlled substances, activities associated with investigations under an INDA must comply with applicable Drug Enforcement Administration regulations.

The FDA released its guidance days after legislation was introduced in Congress with bipartisan support directing the agency to do so. While it is unclear what the guidance will look like in its final form after the 60-day public comment period, the legislative and regulatory movement to allow for more research and testing of psychedelics for therapeutic use is a positive development for individuals seeking relief from a wide range of debilitating conditions.

If you have questions or concerns about the FDA’s draft guidance, please contact an attorney in Ansell.Law’s Controlled Substances and Regulatory Law Practice Group.

Ansell.Law Attorneys Secured Numerous Successful Client Outcomes in Q2 2023

Ansell Grimm June 29, 2023

Ansell.Law attorneys are laser-focused on achieving our clients’ goals. We listen to our clients and craft compelling legal strategies to preserve their business interests. A sampling of our recent successes follows.

Commercial Real Estate

Jonathan Sherman, in collaboration with Melanie Scroble, successfully negotiated multiple commercial leases for cannabis retail in various cities, including Verona and East Orange, New Jersey. In a separate matter, Jonathan successfully completed a corporate restructure for his clients, enabling each LLC member to effectively execute a 1031 Exchange and achieve their desired financial goals.

Jonathan presented to over 100 realtors, providing valuable insights into using the 1031 Exchange process and Delaware Statutory Trust. Jonathan and Melanie Scroble partnered to deliver an informative Commercial Zoom series to more than 100 realtors, covering the acquisition, sale, and leasing of commercial real estate.

Jonathan also shared his expertise at a Coldwell Banker roundtable. Engaging with over 50 residential and commercial brokers, the discussion revolved around the intricacies of buying multi-family properties in New Jersey.

Litigation

Joshua Bauchner, Layne Feldman, and Anthony Sango obtained dismissal of a counterclaim on behalf of our client, a well-known real estate development firm, in the Superior Court of New Jersey, Mercer County. The counterclaim alleged breach of contract, fraud, and negligent misrepresentation. AGA successfully argued that subsequent amendments to the parties’ original agreement defeated the defendants’ counterclaims as a matter of law, securing a dismissal with a prejudice precluding amendment.

Gabriel Blum and Seth Rosenstein secured summary judgment in favor of a firm client in a complex design and construction defect case. The firm convinced the Court that our client only provided job site materials and did not engage in construction work, contrary to the allegations in the Complaint. As New Jersey trial courts often disfavor granting summary judgment, this was a significant win for our client and saved them ongoing defense costs.

Anthony D’Artiglio and Joshua Bauchner successfully represented the purchaser of a substantial portion of an ice cream company’s assets with numerous locations throughout New York and New Jersey. The ice cream company entered into an assignment for the benefit of creditors proceeding where our client won the bid to purchase its IP and equipment while assuming multiple lease locations. We guided the purchaser through the sale’s confirmation, including addressing multiple issues related to liens, transfer of the IP, and landlord disputes.

Joshua Bauchner, Anthony D’Artiglio, and Brian Ashnault are representing a large property management company in a condemnation case in which a New York state agency is acquiring two permanent easements from a Bronx warehouse owned by the client. AGA is guiding its client through the pre-litigation stages of the condemnation process and seeks to secure a multi-million-dollar fair market value award in New York Supreme Court.

Joshua Bauchner, Layne Feldman, and Brian Ashnault obtained dismissal of a counterclaim filed against our client, a retail brokerage firm, in the Superior Court of New Jersey, Bergen County. The counterclaim sought a declaratory judgment regarding a brokerage listing agreement, deeming it unenforceable. AGA successfully argued that the counterclaim did not state sufficient facts and that the legal arguments failed as a matter of law, securing a dismissal with a prejudice precluding amendment.

Other litigation victories include:

Secured possession of a luxury home in Westchester County after years of litigation and compelled a highly favorable settlement, resulting in a windfall for clients and strong profit after selling the property to a third-party purchaser.
Obtained a highly favorable settlement for a contractor client after the homeowner sued, alleging breach of contract and consumer fraud in connection with constructing a pool deck. The firm’s efforts minimized the out-of-pocket costs for the contractor, with its insurance carrier paying most of the limited settlement sum.
Successfully prosecuted action on behalf of an automobile repair shop against a vehicle owner who refused to pay for charges after his insurance carrier failed to extend coverage. The settlement reached was significant and avoided the costs related to protracted litigation.
Initiated litigation against a multinational financial consultancy firm under the Fair Credit Reporting Act following the dissemination of inaccurate information concerning a client. The action was settled pre-litigation on favorable terms to the client.
Filed action on behalf of local businesses after a nationwide energy supplier substantially overbilled for provided electricity. After limited discovery, the firm’s efforts resulted in a substantial monetary payment to the local businesses.
Represented a local property developer in securing declaratory relief pertaining to a shopping center and certain master deed restrictions, permitting the construction and operation of a well-known gas station and convenience store at the subject property.

Congratulations to Joshua S. Bauchner on His Achievements as the New Jersey State Bar Association’s Cannabis Law Committee Co-Chair

Ansell Grimm June 9, 2023

Ansell Grimm & Aaron, PC congratulates shareholder Joshua S. Bauchner on his many achievements as co-chair of the New Jersey State Bar Association’s Cannabis Law Committee. Along with co-chair Lisa A. Gora, a partner at Epstein Becker & Green, Joshua led the Committee in making significant advancements, including:

Hosting eight CLEs at the Law Center on a range of cannabis-related topics.
Hosting three CLE panels at the State Bar Convention.
Expanding the Committee to include psychedelics.
Preparing two Reports and Recommendations to the New Jersey Cannabis Regulatory Commission on its initial Rules and Regulations.

The Committee also laid the groundwork for new initiatives in the 2023-2024 term, including promoting expungements of cannabis-related convictions and developing guidelines for Workplace Impairment Recognition Experts (WIREs).

We commend Joshua Bauchner and Lisa Gora, and all of their colleagues on the Committee, and thank them for their leadership and commitment to the practice of controlled substance and regulatory law. You can read their letter to the Committee here.

The New Jersey State Bar Association’s Cannabis Law Committee was formed to bring together attorneys to examine the many legal issues that stem from the medicinal and adult-use access to cannabis.

New Jersey State Bar Association Cannabis Law Committee Announces New Initiatives

Ansell Grimm June 8, 2023

The New Jersey State Bar Association recently welcomed new co-chairs of its Cannabis Law Committee. The Committee also announced vital new initiatives related to the cannabis industry which are being pursued in the 2023-2024 term. The committee was previously co-chaired by Ansell Grimm & Aaron shareholder Joshua S. Bauchner and Epstein Becker & Green partner Lisa A. Gora. Bauchner and Gora chaired the Committee for two terms concluding on June 30, 2023.

The new initiatives, announced at the May NJSBA convention in Atlantic City, will promote expungements of cannabis-related convictions and develop guidance for Workplace Impairment Recognition Experts (WIREs). The new committee co-chairs also plan to support increased education at local bar associations. Bauchner, in his role as outgoing co-chair, is quoted in an article discussing these new appointments and initiatives. Read the article here.

As one of the most rapidly evolving industries today, lawyers in this space must be educated on licensing, operations, and employment issues such as drug testing. Contact an attorney in our Controlled Substances and Regulatory Law Practice Group with any questions in this emerging area of law.

Ansell.Law Secures Micro-license and Zoning Site Approval for Cannabis Retailer in Monmouth County

Ansell Grimm May 19, 2023

Establishing a retail cannabis facility in New Jersey is a long and complicated process. Although adult recreational cannabis use is now legal in New Jersey, local municipalities have their own regulations limiting or prohibiting recreational-use retailers. Before opening a retail location, recreational cannabis retailers must first successfully navigate through a complex and rigorous licensing process with the State of New Jersey.

After obtaining a license from the state, retailers are then faced with the arduous task of working through the maze of local regulations and zoning rules to secure approvals for a suitable location for their store.

The firm’s Controlled Substances and Regulatory Practice Group, led by attorneys Joshua S. Bauchner and Kelsey M. Barber, secured a “Micro” license for its client, Canopy Crossroad, which classification requires, among other things, that ownership of the cannabis retailer consists of local residents. After clearing that first hurdle, Canopy Crossroad needed to find and secure a location for its store and then undertake the challenging local municipal zoning approval process. They decided on Red Bank, a town that had agreed to opt-in to New Jersey’s law allowing the sale of cannabis. But before opening their dispensary, Canopy Crossroad needed approval from the Borough’s Planning Board.

As a full-service firm with cross-disciplinary practice areas, our client then was able to work with Rick Brodsky, of the Land Use and Zoning Law Department, who appeared before the Red Bank planning board on Monday, May 1^st, and Monday, May 16^th, for hearings on Canopy Crossroad’s application for site plan approval to open their retail outlet. After a heated debate among Brodsky, representatives of Canopy Crossroad, the Red Bank Planning Board, and opponents to opening a cannabis retailer in Red Bank, the Planning Board approved Canopy Crossroad’s conditional use site plan application on an 8-1 Board vote.

“Red Bank opted in, and cannabis is legal in the state,” said Brodsky. “By opting in, the town was required to specify districts where cannabis can be sold as a permitted use. The Red Bank Planning Board correctly interpreted the law, and we are delighted that they approved our site plan.”

Bauchner further noted that the Firm was a “one stop shop” for cannabis, and other clients, servicing all our clients’ needs: “From corporate formation and operating documents, to lease agreements or site acquisition, to preparation of applications before the State CRC and Townships, to zoning approvals, all the way through to vendor and employee agreements once operational, our attorneys collaborate across disciplines to fulfill all client needs.”

Joshua S. Bauchner

By Josh Bauchner –

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