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 at The New York Times

https://www.nytimes.com/2025/07/28/nyregion/weed-shops-schools.html

https://www.nytimes.com/2025/08/02/nyregion/weed-cannabis-dispensary-nyc.html