In this two-part episode of Joint Session, Herb unpacks one of the most consequential regulatory crises to hit New York’s legal cannabis industry.
Part 1: Legal Insight and Legislative Fallout
Herb Barbot is joined by cannabis attorneys Fatima Afia of Rudick Law and Benjamin Rattner of Cermele & Wood LLP to break down the legal and legislative chaos unleashed by New York State's recent enforcement of proximity rules. These rules—banning dispensaries within 500 feet of the property lines of schools and daycares—have put dozens of licensed operators at risk of losing their businesses. Fatima and Ben explain the legal basis (or lack thereof), where the Office of Cannabis Management (OCM) may have overreached, and what a legislative fix could look like in 2026.
Part 2: The Human Cost
In the second half, we hear from two dispensary owners directly impacted by the proximity fallout: Alex Norman, co-founder of Budega in Park Slope, Brooklyn, and Fernando Peña, owner of Late Bloomers in Ridgewood, Queens. They open up about receiving the dreaded letters from OCM, their personal sacrifices to get open, and the financial and emotional toll this latest blow has taken. From dashed dreams to looming debt, their stories put a human face on a regulatory mess that threatens to collapse the very program it was meant to empower.
This episode is a must-listen for anyone tracking New York cannabis policy, small business equity, or how good intentions can go dangerously off track.
Further reading on Cannabis stores and their proximity to schools, as referenced in the news section, can be found at The New York Times. The Journalist is Ashley Southall.https://www.nytimes.com/2025/07/28/nyregion/weed-shops-schools.html
Please contact us at herb.jointsession@gmail.com if you have any questions or comments, including topics to cover.
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What is Joint Session: Diverse Voices in NYS Cannabis?
Joint Session is your go-to source for the latest cannabis news shaping the New York market. Hosted by Herb Barbot, Esq., the first Director of Operations at the NYS Office of Cannabis Management, this podcast delivers expert insights, breaking developments, and in-depth conversations with the industry’s most influential voices.
From policymakers and legislators to business leaders, licensees, and advocates, Joint Session brings you exclusive interviews with those shaping the future of cannabis in New York and beyond. Plus, we keep you informed with key national and international cannabis updates.
Whether you're an industry professional, an advocate, or just curious about the evolving landscape, Joint Session delivers factual, insightful, and digestible information to help you stay ahead of the curve. Tune in for high-level discussions, straight talk, and expert perspectives you won’t find anywhere else.