New York Cannabis Advertising Laws

New York ties its adult audience threshold to the state's own demographics: the audience must be 21 or older in a proportion at least equal to the proportion of New Yorkers aged 21 and older, which is 75.9 percent on the most recent Census estimates and changes annually. Consumer warnings must sit in a bright yellow text box at hex #FFFF00, rotating warnings must be distributed evenly across a licensee's advertising, and anyone depicted must be at least 25 with verified identification. Discounts and loyalty programmes are permitted above a market-value floor of 1.5 times wholesale.

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Legal for licensed operators, with no pre-approval requirement. The constraints are the disclosure block, the Census-linked audience threshold, the content prohibitions in Part 129, the 500 foot buffer, the billboard size thresholds, and the market-value floor on promotional pricing.

New York legalised adult-use cannabis through the Marijuana Regulation and Taxation Act in March 2021, creating the Office of Cannabis Management under the Cannabis Control Board. Advertising duties sit in Title 9 of the New York Codes, Rules and Regulations, in two parts adopted together: Part 128, covering packaging and labeling, and Part 129, the adult-use marketing and advertising rules.

The rules were substantially amended effective December 3, 2025. The Cannabis Control Board approved amendments filed for publication in the State Register on that date. Most provisions took effect immediately. A six-month delayed effective date applied to specified packaging and labeling requirements in Part 128, with compliance required by June 3, 2026. Both deadlines have now passed.

The stated purposes of the amendments were to align the adult-use and medical programmes, convert previous guidance into enforceable regulation, encourage sustainable packaging, expand marketing flexibility while limiting youth exposure, distinguish permitted outdoor signage from prohibited billboards, clarify promotions and discounts, and update the audience composition threshold.

What changed for advertisers. Four changes matter most. The audience threshold moved from a fixed 90 percent to a figure tied to Census data. Discounts and loyalty programmes became permitted, subject to a market-value floor. The two-sign cap per licensed premises was removed and billboards were redefined by size. And licensees must now carry their name and licence number in advertisements.

Medical and adult-use cannabis do not share one advertising rule set. Part 129 is headed Adult-Use Marketing and Advertising. Registered organisations operate under separate programme rules, so a dual operator should clear medical communications separately.

The definition of advertisement is wide. It covers any publication, video, use of a brand representative, or any other form of media for the purpose of causing, directly or indirectly, the purchase or use of a brand or cannabis product, and it names websites, social media, print media, broadcast media, TV, radio, streaming media, out of home media, outdoor signs, merchandise, event sponsorship, street art, murals, and digital communications.

This page is part of our state-by-state cannabis advertising laws library, covering all 50 states and the District of Columbia.

Business name and licence number

Required. Licensees must accurately and legibly include their name and licence number in all advertisements, unless the format is specifically exempt by the Office. This does not apply to brand representatives or cannabis merchandise, though a licensee using a brand representative must provide a licence number on request.

The required warning statements

For an advertisement containing only visual elements, such as a magazine ad or a static social post, or containing both auditory and visual elements, such as a television commercial or a short-form social video, three items apply alongside the licence information.

The fixed warning statement:

"For use only by persons 21 years of age and older. Keep out of reach of children and pets. If someone accidentally consumes cannabis, contact the Poison Center. Consume responsibly."

The rotating warning. One of the following:

• "Cannabis can be addictive."
• "Cannabis can impair concentration and coordination. Do not operate a vehicle or machinery under the influence of cannabis."
• "There may be health risks associated with consumption of this product."
• "Cannabis is not recommended for use by persons who are pregnant or nursing."
• Any other warning authorised by the Office

A licensee may not use the same rotating warning in all of its advertisements. The warnings may be rotated in any manner the licensee chooses, provided the result distributes them evenly. OCM accepts rotation so that each warning appears on roughly the same number of advertisements in a year, or so that each warning is seen by roughly the same number of people in a year. Other methods may be acceptable provided they ensure rotation.

The HOPEline details. New York State HOPEline information, or a future iteration of the state's gambling and substance use disorder resource helpline, presented clearly as a substance use disorder resource:

• Phone: "1-877-8-HOPENY" or "1-877-846-7369"
• Text: "HOPENY" or "467369"
• Website: "https://oasas.ny.gov/hopeline" or a QR code linking directly to it

OCM gives an example of acceptable framing: "Concerned about your cannabis use? Contact the New York State HOPELine by texting HopeNY, calling 1-877-8-HOPENY, or visiting oasas.ny.gov/HOPELine."

How the warnings have to appear

When printed, the required information must be clearly visible and placed conspicuously on the face of the advertisement, in the same language as the rest of it, in Times New Roman, Calibri, Arial or Helvetica, at a minimum of 6-point font, clearly legible and contrasting from the background, and not obscured or hidden from view.

The yellow box. Consumer warning information, meaning the fixed warning statement and the rotating warning, must be printed in a bright yellow text box at hex #FFFF00. A similar shade may be used provided it is visually consistent with #FFFF00. Shades of yellow with saturation values below or above 75 percent are not acceptable. A border may be used to distinguish the box, with no restriction on its colour or weight, and a border must be used if the yellow is not clearly visible against the background. The licensee's name, licence number and HOPEline information are not required to sit inside the yellow box.

When read aloud, the information must be delivered at the same volume and pace and in the same language as the rest of the advertisement.

Audio-only advertisements

An advertisement containing only auditory elements, such as a radio spot or a podcast ad, must include the following, read aloud at the same volume and pace and in the same language as the rest of the advertisement:

"For persons 21 and older. Keep away from children and pets. If cannabis is accidentally consumed, contact the Poison Center."

Audio-only advertisements are not required to read aloud a rotating warning or the HOPEline information.

When the disclosures are not required

Brand representatives and cannabis merchandise are exempt from the required advertisement information, because it would not be feasible to include it on those formats. They must still comply with all other marketing and advertising requirements.

Hotline number

Required on visual and visual-and-audio advertisements, in three forms. Not required on audio-only advertisements.

Prohibited content

Advertising must not be attractive to individuals under 21. Cartoons and mascots are prohibited. A licensee may not mimic marketing for products commonly associated with youth such as candy, soda, cookies or cereal, in wording, imagery or design, with an exception for cultivar names. The terms "candy" and "candies" and any spelling variant such as "kandy" or "kandeez" are prohibited unless used in a cultivar name.

A licensee may not use sounds, symbols, images, characters, public figures, phrases, toys or games typically used to market to children or teens. OCM names: children's or cartoon voices, animals, balloons, confetti or glitter, superheroes, video game references, race cars, dinosaurs, imaginary creatures or people, and characters or celebrities from children's shows or books. OCM gives an illustration: a cartoon-style animal is not allowed, but a simple silhouette might be acceptable.

On depiction and messaging:

• Must not depict cannabis consumption
• Must not promote or depict cannabis use by individuals under 21
• Must not include imagery, sound or action related to smoking or vaping
• Must not promote overconsumption or rapid consumption. OCM names showing visibly impaired individuals, and promoting a product as "easy to consume"
• Must not promote product potency. A licensee may state THC concentration but may not emphasise potency as a selling point or encourage higher-THC products. If THC is listed for some products in an advertisement, it should be listed for all products in that advertisement to avoid implying superiority
• Must not use or display the universal symbol
• Must not be in the form of a billboard

On truth in advertising: no implying that adult-use cannabis is medical cannabis or CBD hemp, and no advertisement creating confusion as to which a product is. No misleading emphasis on CBD, such as suggesting a 1:1 THC to CBD product will not cause intoxication. No medical symbols unless the product is sold through a Registered Organization under Part 113. No medical or wellness claims, including any representation that cannabis has curative or therapeutic effects. Nothing obscene or indecent, including nudity, profanity or offensive visuals. Nothing false, deceptive or misleading, including claiming products are safe because they are regulated by the Board or the Office, disparaging another business's cannabis, showing products not packaged in accordance with law, or encouraging interstate transport.

Substantiation-linked terms. A licensee may not represent a product as organic, craft, gluten-free, kosher or vegan unless the claim meets established criteria. There is currently no federally recognised organic standard for cannabis, so until one exists a licensee may not represent itself or its products as organic or made with organic ingredients. Craft requires Office designation under Part 118. Gluten-free requires meeting the federal definition at 21 CFR 101.91. Kosher requires compliance with section 201-a of the Agriculture and Markets Law. Vegan requires no animal products, including gelatin.

People depicted

A licensee may not use models who appear under 21. Any individual depicted must be at least 25 years old, and their age must be verified using government-issued identification, including IDNYC.

Special branding material

Marketing may include special branding materials only if authorised by the Office. The Office may create official visuals or audio assets, such as an identifier for products made by social and economic equity licensees, which only certain licensees or products may use. Unauthorised use is prohibited.

Discounts, coupons, and price promotion

Permitted, with a floor. Adult-use retail licensees may offer promotional pricing strategies including discounts, coupons, loyalty programmes and bundled deals, provided the practice maintains market integrity and does not price products below fair market value.

Market value is defined as the minimum retail price of a cannabis product, calculated as 1.5 times the wholesale price paid by the retailer for the specific products or units being discounted. Wholesale price is the price a licensed adult-use distributor charges a retail dispensary or other licensed entity authorised for retail sale. Factors that may influence the calculation include volume discounts or bundled pricing structures, product form, quality indicators such as THC content and cultivation method, geographic region, and market conditions.

Permitted examples, as given by OCM:

• Limited-time percentage discounts, such as "15% off for loyalty members"
• Volume-based discounts, such as "Buy 3, save 10%"
• Event-based promotions, such as "20% off during 4/20 weekend"
• Loyalty programme rewards, such as "Earn points for future discounts"

Prohibited examples, as given by OCM:

• Selling cannabis products below market value
• Discounting that results in the product being effectively free
• Unadvertised pricing deals that may violate transparency rules
• Discount stacking that drives prices below market value
• Giving away cannabis products for free
• Price reduction advertised in a manner that encourages overconsumption
• Price reduction advertised in a manner that may be attractive to individuals under 21, including gamification elements such as spin the wheel promotions, scratch-off games, or other game-based mechanisms

Advertisements may not promote giveaways of cannabis products or use the words "free" or "donated." OCM names buy-one-get-one-free style offers, free samples at the register, free products with no purchase necessary including a membership programme awarding a free pre-roll on a birthday, social media contests offering free cannabis for likes or shares, website popups offering free samples, games of chance awarding cannabis with no purchase required, and free product offers to anyone 21 or older where no purchase is required.

Licensees not authorised to sell at retail, such as cultivators, processors and distributors, may not use giveaways or donated products in any marketing, advertising or labeling. Product samples may be used only for quality control, business-to-business negotiation, or internal staff testing, never for public marketing.

Where promotional pricing may be advertised. Within the licensed or permitted premises. Outside the premises, only through electronic communications such as email and SMS, mailers, the licensee's official website, or a third-party website allowed by the licensee where the audience is limited to adults 21 and over. Promotional pricing offers may not be affixed or adhered to any cannabis product package or label.

Retail tax must be calculated on the pre-discounted price, to ensure proper collection of state and local taxes.

Branded free merchandise

Branded cannabis merchandise such as keychains, beverage glasses, lanyards or paraphernalia may be given away only as part of an Environmental Sustainability Program submitted and approved by the Office under Section 128.4(a). These items are exempt from retail advertising specialty limits under Part 124.1(i).

Retail advertising specialties

A licensee operating a retail premises may accept up to $200 worth of retail advertising specialties from any individual cultivator, processor, microbusiness, cooperative, distributor, ROD or ROND licensee per calendar year. Licensees may not pool or combine limits. The $200 value is based on the actual cost to the manufacturer or wholesaler who originally purchased the item, excluding transportation and installation. Verifiable records of cost must be maintained and made available on request.

Required documentation

Two records duties. A site plan must be created, implemented and maintained showing the location of all outdoor signs used in marketing or advertising and a description of each sign including all content displayed. It must be kept up to date and made available to the Office on request.

Audience composition documentation must support compliance. OCM gives acceptable examples: a description of the age verification methods of an establishment that only admits individuals at least 21; audience composition data provided by a media purchasing agency or ad agency verifying demographics; and age analytics for the media unit purchased or considered. OCM gives insufficient examples: anecdotal statements such as "most of our customers are over twenty-one years old" without supporting data; citing overall state demographics without proving the specific audience meets the proportion; and assuming audience composition for a television channel at 11:00 A.M. applies at 9:00 P.M. without supporting data.

Pre-approval

Not required. Licensees must maintain records establishing compliance and must immediately remove or discontinue advertising if the Office determines a violation, or if the licensee fails to provide requested records.

What the Law Requires

Twenty-one throughout, with a separate and higher standard for anyone appearing in creative. Marketing and advertising must not be attractive to individuals under 21, and must not be easily seen by individuals under 21.

Models must not appear under 21, and any individual depicted must be at least 25 years old with age verified by government-issued identification, including IDNYC.

Audience Percentage Thresholds

A moving figure tied to Census data

The audience must consist of a proportion of individuals aged 21 and older that is equal to or greater than the proportion of New York State's population aged 21 and older. That proportion must be based on the most recent data from the US Census Bureau's Annual Estimates of the Resident Population, which publishes state population estimates annually including single-year estimates by age.

The current figure

On 2023 Census data, from the Annual Estimates of the Resident Population by Single Year of Age and Sex for New York, April 1 2020 to July 1 2023 (SC-EST2023-SYASEX-36):

• Age under 21: Population Estimate 4,708,268; Proportion of Total Population 24.1%
• Age 21 and older: Population Estimate 14,862,948; Proportion of Total Population 75.9%
• Total: Population Estimate 19,571,216; Proportion of Total Population 100%

At least 75.9 percent of the audience for certain forms of advertising must therefore be age 21 or older. OCM states that this percentage may change, that data are updated annually, and that licensees are responsible for using the most recent available data.

What it applies to

Advertisements placed at events, in print media, on television, radio, and through electronic communications.

What it does not apply to

Advertising that is only viewable or audible within a licensed cannabis retail premises. The Office may nonetheless request audience composition data at any time.

Event sponsorship

The audience composition requirement applies expressly to advertisements placed at events.

Where the burden sits

On the licensee, who must maintain records and documentation supporting compliance. OCM names acceptable evidence and insufficient evidence; see Required documentation above.

Age Gating and Consent

Websites

Part 129 prescribes no general website age gate. A third-party website may carry promotional pricing where its audience is limited to adults 21 and over.

Direct communication

Electronic communications including email and SMS are a permitted route for advertising promotional pricing outside the premises, and are within the audience composition requirement.

Location-based devices

Part 129 contains no location-based device provision.

Established customers

Part 129 contains no exception removing communications to existing customers from the requirements. Loyalty programme rewards are permitted as a pricing mechanic.

People Depicted in Ads

New York sets a talent age that sits above the consumption age. Any individual depicted must be at least 25, with age verified using government-issued identification. Models must not appear under 21.

Cartoons and mascots are prohibited. Public figures, characters and celebrities from children's shows or books are prohibited, as are children's or cartoon voices. The definition of advertisement includes the use of a brand representative, so a person appearing on behalf of the brand is producing an advertisement, though brand representatives are exempt from the required advertisement information while remaining subject to everything else.

Restricted Locations and Buffer Distances

The 500 foot rule

A licensee may not market, advertise, or place advertisements within, or readily observed within, 500 feet of elementary or secondary school grounds as school ground is defined in the Education Law; community facilities, meaning recreation centres, childcare centres, playgrounds, public parks and libraries; and locations where doing so would violate any federal, state or local law.

How it is measured

Distance is measured from the advertisement to either the nearest point of the school ground, or to the nearest entrance of a community facility. The two measurement points differ by facility type.

Entrance means a regularly used door giving access to students, worship attendees or customers. For buildings set back from a street, measurement starts from the centre of the walkway or stairs where it meets the sidewalk or building line. Entrances used only for emergencies, maintenance or storage are excluded.

The two limbs

The prohibition covers advertising within the buffer and advertising readily observed within it. A sign outside 500 feet but visible from inside the zone falls within the second limb.

Transit and public property

Advertisements are not allowed in or on public transit vehicles or stations, and are not allowed on publicly owned or operated property.

Venues

Signs are prohibited in arenas, stadiums and sporting venues, state-funded fairs, video game arcades, and shopping malls unless indicating the location of a dispensary inside. The restriction lifts where the event or facility uses an employee, agent, or controlled security access restricting entry to individuals 21 and older.

Can You Run a Digital Out of Home Screen in New York?

A screen is a sign if it is a graphic display, including electric, featuring a licensee or brand name, trademark, insignia, symbol or slogan. It is therefore subject to the billboard size thresholds, the permitted content list, the prohibited venue list, the 500 foot buffer, the transit and public property prohibitions, and local signage rules. Content on a compliant outdoor sign is limited to name, address, contact details, directions and the licensed activity, so a screen carrying marketing creative sits outside the permission.

Compliant Use of Geotargeting

• Build 500 foot exclusions around school grounds measured to the nearest point of the grounds, and around recreation centres, childcare centres, playgrounds, public parks and libraries measured to the nearest entrance.
• Model sightlines as well as placement, since the rule reaches advertising readily observed from within the zone.
• Exclude public transit vehicles and stations, all publicly owned or operated property, and vehicles generally.
• Exclude arenas, stadiums, sporting venues, state-funded fairs, video game arcades and shopping malls, unless 21-plus controlled access applies or the sign only indicates a dispensary inside the mall.
• Recalculate the audience threshold annually against the current US Census Annual Estimates, and hold dayparted composition data for the specific media unit rather than a channel average.
• Maintain the site plan showing every outdoor sign's location and full content.
• Check promotional pricing against the 1.5 times wholesale floor, and route it only through the premises, electronic communications, mailers, the licensee's website, or a 21-plus-gated third-party site.

New York runs both an adult-use programme and a medical cannabis programme under the Office of Cannabis Management, following the Marijuana Regulation and Taxation Act.

Part 129 is headed Adult-Use Marketing and Advertising. One stated purpose of the December 2025 amendments was to align rules across the adult-use and medical programmes to create consistency for licensees, so confirm the current medical position with the Office rather than assuming either the old separation or full alignment.

Advertisements may not use medical symbols that could mislead consumers into thinking a product is medical, unless the product is sold through a Registered Organization under Part 113. Advertising may not imply that adult-use cannabis is medical cannabis or CBD hemp, and any advertisement creating confusion as to which category a product falls in is prohibited.

Inside a retail premises. All Part 129 rules apply equally to advertisements placed inside or outside a licensed adult-use premises, regardless of the licence type of the business placing or featured in the advertisement. Menus are advertisements. Consumer education materials created by the retailer count as advertising and must comply with Part 129; official materials from the Office do not. A retailer that also holds a cannabinoid hemp retailer licence may advertise those products alongside adult-use cannabis provided it is clear to the consumer which is which. A retailer may not display signs or advertisements promoting another brand's cannabis products or services unless the item qualifies as a retail advertising specialty and displaying it does not exceed the retailer's annual limit.

Who regulates hemp here

The same regulator. New York brought cannabinoid hemp under the Office of Cannabis Management, which administers the Cannabinoid Hemp Program covering hemp-derived products sold for human consumption.

Non-intoxicating hemp and CBD

Permitted through licensed cannabinoid hemp retailers and distributors, under the Cannabinoid Hemp Program rather than Part 129. Products are subject to their own packaging, labeling, testing and marketing requirements, and to per-serving and per-package THC limits set by that programme.

Intoxicating hemp-derived cannabinoids

New York restricts intoxicating hemp-derived cannabinoids through the same programme, setting THC limits on cannabinoid hemp products and directing intoxicating products into the licensed adult-use channel rather than general retail. Synthetic cannabinoids are not permitted in cannabinoid hemp products. The federal definition of hemp narrows in November 2026.

What it means for advertising

A product sold through the adult-use channel by an adult-use licensee is advertised under Part 129: the disclosure block, the Census-linked audience proportion, the billboard size thresholds and the promotional pricing floor. A cannabinoid hemp product sold by a licensed cannabinoid hemp retailer is advertised under the Cannabinoid Hemp Program's own requirements. Where a retailer holds both licences and co-markets, the separation must be clear to the consumer. Confirm which programme each product sits in before building a media plan.

Every statement on this page traces to one of the following:

• 9 NYCRR Parts 128 and 129, Packaging, Labeling, Marketing and Advertising, as amended and filed for publication December 3, 2025
• New York Office of Cannabis Management, Part 129 Marketing and Advertising guidance
• New York Office of Cannabis Management, PLMA overview and effective dates
• New York Office of Cannabis Management, Format-Specific Marketing and Advertising Requirements
• New York Office of Cannabis Management, Cannabinoid Hemp Program
• US Census Bureau, Annual Estimates of the Resident Population by Single Year of Age and Sex for New York, SC-EST2023-SYASEX-36
• Marijuana Regulation and Taxation Act, Chapter 92 of the Laws of 2021

The audience composition threshold is derived from Census data that updates annually. The 75.9 percent figure on this page reflects 2023 estimates and must be re-checked against the current Annual Estimates before relying on it.