Sep 2001–Sep 2023
Former role
Law Clerk
U.S. District Court
Florida Southern District
Law Clerk
Clerked for the Honorable Ursula Ungaro at the United States District Court for the Southern District of Florida.
About
Joshua S. Bauchner is a seasoned trial lawyer and trusted legal strategist who advises businesses, investors, and property owners in complex commercial disputes, with a particular focus on cannabis, hemp, and psychedelics law, as well as high-stakes litigation, bankruptcy, and regulatory matters.
Josh serves as the chair of the Cannabis, Hemp and Psychedelics Practice Group and is a partner in the Litigation, Bankruptcy, Hospitality, Landlord/Tenant, Construction, and Employment practice groups. He successfully handles numerous appeals in state and federal courts.
His areas of specialization include: enforcement of commercial contracts such as lease agreements, guaranties, purchase and sale contracts, and commission agreements; litigation of partnership disputes; class action prosecution and defense; claims originating from insurance coverage denials; employment litigation including FLSA, ADA, ADEA, Title VII, and analogous state law claims; and defense against commercial landlord/tenant and foreclosure actions.
In the ever-evolving area of psychoactive substances, Josh was instrumental in co-hosting the inaugural Cannabis Symposium in New Jersey, attracting nearly a thousand attendees, with subsequent symposia continuing to garner attention. Josh is Chair of the Cannabis Chamber of Commerce’s Northeast Region, covering New England, New York, New Jersey, Pennsylvania, Maryland, Delaware, and D.C. As a notable member of the New Jersey State Bar Association Cannabis & Psychedelics Law Committee, New York State Bar Association Cannabis Law Committee, the NORML Legal Committee, and the Amicus Committee, he received the New Jersey Law Journal’s Innovator of the Year Award in 2022, and the Firm was named Cannabis Practice of the Year by both Law360 and the New Jersey Law Journal in 2025.*
After graduating from law school, Josh had the honor of clerking for the Honorable Ursula Ungaro at the United States District Court for the Southern District of Florida. He also served as the Deputy Director of the Legal Division at the New York City Department of Consumer Affairs.
A passion for education and community development, as a licensed real estate instructor in New York, he educates aspiring real estate professionals, and he has served as an adjunct professor at Brooklyn Law School. Josh also is deeply involved in his community. He was appointed by the Manhattan Borough President to Manhattan Community Board 10, where he served as the Board’s treasurer and co-chaired the Committee on Land Use. Additionally, he played an active role on the Board of Trustees for Wheaton College, the New York Theater Ballet, Frederick Douglass Boulevard Alliance, and the Harlem Wellness Center.
He is admitted to practice in both New York and New Jersey as well as the United States District Court of Michigan, the United States District Courts for the Southern, Eastern and Western Districts of New York, the United States District Court for the District of New Jersey as well as the United States Court of Appeals for the Second and Third Circuits.
In addition to his professional endeavors, Josh’s thoughts and perspectives have been featured in numerous publications, shedding light on diverse areas such as cannabis and psychedelics laws, creditors’ rights in bankruptcy, ADA compliance, broker liability, and AI in the workplace, among other areas.
Roles
Recognition
Honors
Cannabis Law Practice of the Year
Law360
January 2026
When New York’s cannabis rollout sparked confusion and conflict, Mandelbaum Barrett’s Cannabis, Hemp and Psychedelics Practice stepped in, and Law360 took notice, naming the team a 2025 “Cannabis Group of the Year.” With regulators turning up the heat and enforcement actions sparking industry-wide concern, our team has been on the front lines, helping clients stay compliant, stay open, and stand up for their rights when enforcement goes too far. As Joshua S. Bauchner, Chair of the Cannabis and Psychedelics Practice, put it, navigating this landscape takes both regulatory roots and litigation firepower. “What we’re seeing now is that intersection between having a real firm grip on the regulations, which are Byzantine, and being able to enforce our clients’ rights through litigation,” Bauchner told Law360. “More often than not… we have a better handle on the regulations than the regulators.” Law360 highlighted several of the group’s standout matters, including our representation of Super Smoke N Save, where a New York judge ordered state and city officials to halt certain actions against hemp retailers after finding that warrantless, heavily armed raids “crossed a line.” Josh noted that a true regulated market doesn’t require unconstitutional tactics: “If you create a safe and regulated market, you’re going to ensure compliance in due course through lawful inspections. You don’t need to violate the First, Fourth, Fifth and 14th Amendments to get the job done.” Mandelbaum Barrett PC also prevailed in the ROC It Out Wellness matter, where state regulators argued that constitutional challenges couldn’t be raised in administrative proceedings. The administrative law judge disagreed, affirming retailers’ rights to defend themselves fully and forcefully. This ruling, Josh explained, reshaped the enforcement landscape. “It allows us not only to defend these cases, but to punch back… which is essential to preserving issues for appeal.” Beyond litigation, the practice continues to support entrepreneurs through licensing, regulatory counseling, and business guidance, all while advocating for a cannabis marketplace that operates fairly and lawfully. As Josh emphasized, “We all share the same goal, a safe and regulated market. They want that for the state. We want that for our clients.” From calling out overreach to clearing the smoke around complex rules, Mandelbaum Barrett PC is honored to be recognized for standing with the businesses helping shape New York’s evolving cannabis economy.
Cannabis Law Practice of the Year
New Jersey Law Journal
October 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 and psychedelics space.
Innovator of the Year
New Jersey Law Journal
October 2022
LinkPublications & speeches
Courts Are Now the De Facto Regulators of College Athletics: How NIL Contract Enforcement Is Reshaping the Game
New York Law Journal
March 2026
College sports are now primarily governed by athlete contracts and court decisions, not NCAA rules. Courts are increasingly shaping NIL agreements—whether for recruiting, retention, or control—by enforcing contractual remedies instead of traditional eligibility rules. Disputes over NIL involve issues like damages for early departure, injunctions to prevent transfers, and the limits of court enforcement. As a result, courts are defining the future of college athletics, creating uncertainty and highlighting the need for clear laws or regulations.
Op-Ed | The crisis facing New York’s licensed hemp industry
amNY
March 2026
Licensed hemp retailers across New York are confronting a regulatory and financial assault that threatens the survival of the hemp industry and the livelihoods of thousands of business owners.
NY’s Current Cannabis Legal Landscape: Progress, Paralysis, or Both?
New York Law Journal
October 2025
New York’s cannabis program making real progress — or is it stuck in paralysis? As New York moves from legalization toward implementation, the cannabis landscape is increasingly characterized by a tension between ambitious statutory goals and the various challenges of executing them.
Protecting Properties and Businesses from ADA Litigation
New York Real Estate Journal
September 2025
Shedding light on the rising wave of lawsuits targeting property owners and businesses under the Americans with Disabilities Act (ADA) — often brought not by customers seeking access, but by “testers” looking for technical violations and financial payouts.
New NY Statute Restricts Access to Employee Social Media; Imposes Notice Requirements
New York Law Journal
February 2024
Governor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.
SCOTUS Confronted With Racist and Discriminatory History of Cannabis Criminalization
New Jersey Law Journal
October 2020
In a landmark appeal that could change U.S. drug policy forever, nine amicus briefs were filed with the U.S. Supreme Court demanding that the federal statute that criminalizes marijuana, the Controlled Substances Act (CSA), be declared unconstitutional.