N.Y.
Cannabis Law Section 86
Adult-use cannabis advertising and marketing
1.
The board shall promulgate rules and regulations governing the form and content of advertising and marketing of licensed cannabis and any cannabis products or services.2.
The board shall promulgate regulations for advertising and marketing content including but not limited to explicit rules prohibiting advertising that:(a)
is false, deceptive, or misleading;(b)
promotes overconsumption;(c)
depicts consumption;(d)
is designed in any way to appeal to children or other minors;(e)
is within or is readily observed within five hundred feet of the perimeter of a school grounds, playground, child day care providers, public park, or library;(f)
is in public transit vehicles and stations;(g)
is in the form of an unsolicited internet pop-up;(h)
is on publicly owned or operated property;(i)
makes medical claims or promotes adult-use cannabis for a medical or wellness purpose;(j)
promotes or implements discounts, coupons, or other means of selling adult-use cannabis products below market value or whose discount would subvert local and state tax collections;(k)
is in the form of a billboard; or(l)
fails to satisfy any other advertising or marketing rule or regulations promulgated by the board related to marketing or advertising, not inconsistent with this chapter.3.
The board shall promulgate explicit rules prohibiting all marketing strategies and implementation including, but not limited to, branding, packaging, labeling, location of cannabis retailers, and advertisements that are designed to:(a)
appeal to persons less then twenty-one years of age and/or populations at-risk of increased adverse health consequences as determined by the board in regulation; or(b)
disseminate false or misleading information to customers.4.
The board shall promulgate regulations requiring that:(a)
all advertisements and marketing accurately and legibly identify the party or other business responsible for its content; and(b)
any broadcast, cable, radio, print and digital communications advertisements only be placed where the audience is reasonably expected to be twenty-one years of age or older, as determined by reliable, up-to-date audience composition data. The burden of proving this requirement lies with the party that has paid for or facilitated the advertisement.5.
The board may establish procedures to review and enforce advertising and marketing requirements.
Source:
Section 86 — Adult-use cannabis advertising and marketing, https://www.nysenate.gov/legislation/laws/CAN/86 (updated Apr. 9, 2021; accessed Oct. 26, 2024).
