New York Cannabis Advertising Laws: Guide for Businesses

Here’s a quick guide to New York’s cannabis advertising laws:

Ads must target adults 21+
No kid-friendly images or words
No health claims or misleading statements
Don’t encourage overuse
No free items, discounts, or loyalty programs
Include age warnings
Online ads need age checks

Rule	Details
Age limit	90% of audience must be 21+
Location restrictions	Not within 500 feet of schools, playgrounds
Banned content	People using cannabis, cartoons, slang terms
Required warnings	Health risks, age restrictions
Packaging	Child-resistant, solid colors, no appealing designs
Online/social media	Age gates, no pop-ups, influencer restrictions
Outdoor ads	Limited to business location info
Samples/promos	Strict limits on quantities and distribution

Breaking these rules can result in fines from $1,000 to $10,000 or loss of license. Stay updated on changing regulations to ensure compliance.

New York’s Cannabis Ad Rules

Who Makes the Rules

The New York State Cannabis Control Board creates and enforces cannabis advertising rules in the state. These rules aim to:

Keep cannabis businesses safe and responsible
Protect the public
Stop ads from making cannabis look good to people under 21

Main Ad Guidelines

Here are the key rules for cannabis ads in New York:

Rule	Description
No kid-friendly ads	Don’t use images or words that might appeal to people under 21
No health claims	Don’t say cannabis has health benefits or make misleading statements
No pushing overuse	Don’t encourage people to use too much cannabis
No free stuff	Don’t give away free items like t-shirts to promote cannabis
No discounts or rewards	Don’t offer special deals or loyalty programs for cannabis
Age warning	Say the product is only for adults 21 and older
Online age checks	Make sure only people 21+ can see online ads

These rules help cannabis businesses stay safe and responsible. They also protect the public and keep ads from making cannabis look good to young people.

Age Limits and Target Audience

Age Requirements

In New York, cannabis ads must target adults 21 and older. The rules say:

Requirement	Details
Audience age	At least 90% must be 21+
Proof needed	"Reliable evidence" of audience age
Goal	Keep ads away from people under 21

Where Ads Can’t Go

Cannabis ads are not allowed in these places:

Location	Distance/Details
Near schools, playgrounds, etc.	Within 500 feet
Public spaces	Arenas, malls, fairs, arcades
Transportation	Vehicles, stations, parking lots
Government property	Publicly owned and run places

These rules help keep ads away from kids and out of public view.

Limits on Media Channels

Different media have different rules:

Media Type	Rules
TV and radio	90% of audience must be 21+
Online	Must use age checks
Print	Same as TV and radio

These limits make sure ads only reach adults, not kids.

What Can’t Be in Ads

Banned Images and Words

New York’s cannabis ad rules don’t allow certain things to keep ads away from kids and stop people from using too much. Here’s what’s not allowed:

Not Allowed	Examples
People using marijuana	Smoking, eating, or vaping
Kid-friendly images	Cartoons or characters
Pictures of cannabis	Plants, products, or smoking tools
Slang words	"Stoner," "weed," "pot"
Mascots	Any kind of character or mascot

These rules help make sure ads don’t make kids want to try cannabis or make people think it’s okay to use too much.

Required Health Warnings

All cannabis ads in New York must have a clear warning about health risks. The warning must say:

"For use only by adults 21 years of age and older. Keep out of reach of children and pets. In case of accidental ingestion or overconsumption, contact the National Poison Control Center hotline 1-800-222-1222 or call 9-1-1. Please consume responsibly."

This warning tells people about the risks and how to use cannabis safely.

Rules for Product Claims

Cannabis ads in New York have to be honest. Here’s what they can and can’t do:

Can Do	Can’t Do
Tell the truth about the product	Make false claims
Give correct info about effects	Say it cures health problems
Explain how to use it safely	Suggest the state approves it

These rules make sure ads don’t trick people or make them think cannabis is safer than it is.

Packaging and Label Rules

Must-Have Information

New York requires specific details on cannabis product labels:

Required Information	Purpose
Product name	Identify the item
THC and CBD amounts	Show strength
Net weight/volume	Indicate quantity
Production and expiration dates	Ensure freshness
Ingredient list	Inform consumers
Producer’s contact info	Allow inquiries
Warnings	Highlight risks
THC symbol	Quick identification
Unique product ID	Track products

These details help buyers make smart choices and keep products safe.

Design Limits

New York sets rules for cannabis packaging to keep kids safe:

Not Allowed	Reason
Kid-friendly designs	Avoid attracting minors
Images appealing to kids	Prevent underage interest
Slogans kids might like	Discourage youth use
Packaging like candy	Avoid confusion

Packages must be solid-colored and can’t show the product inside.

Child-Safe Packaging

All cannabis items need special packaging:

Hard for kids under 5 to open
Shows if someone opened it before

Makers must test their packaging to make sure it:

Keeps kids out
Shows if it’s been opened

These rules help keep cannabis away from kids and make sure products stay safe.

Online Ad Rules

New York’s Office of Cannabis Management (OCM) sets rules for online cannabis ads. These rules help keep ads away from kids:

Rule	What it means
Age checks	Websites must make sure users are old enough
No pop-ups	Ads can’t appear without user permission

Age Checks for Websites

Cannabis websites in New York must check users’ ages. This stops kids from seeing things they shouldn’t. Here’s how they do it:

Method	How it works
Age gate	Ask for birthdate before letting people in
Age check service	Use outside help to make sure users are old enough

Limits on Influencer Marketing

Influencers can talk about cannabis, but they must follow rules:

Rule	Details
Age limit	Influencers must be 21 or older
Tell the truth	Say if they’re working with a cannabis company
No kid stuff	Can’t make cannabis look good to young people

These rules help keep cannabis ads honest and away from kids.

Outdoor and Print Ads

Billboard and Outdoor Ad Rules

New York has strict rules for cannabis billboards:

Who Can Use Billboards	What Can Be Shown
Only cannabis shops and delivery services	Just the business location

Billboards can’t be within 500 feet of schools, churches, or places of worship.

Print Media Rules

Print ads for cannabis must follow these rules:

Rule	Explanation
Age limit	Not in magazines mostly for people under 21
No use images	Can’t show people using cannabis
Warning needed	Must warn about driving after using cannabis

No Ads on Public Transit

Cannabis ads are not allowed on:

Public buses or trains
Transit stations
Parking lots
Any public property

This keeps ads away from kids and public areas.

Sales and Discounts

Rules for Special Offers

New York has rules for cannabis businesses about sales and discounts. These rules help keep ads safe and away from kids.

Rule	What it Means
Age checks	Ads for deals must be where 90% of people are 21+
No pushing overuse	Don’t make people want to use too much
Clear info	Tell people exactly what the deal is

Limits on Free Samples

Businesses can give free samples, but must follow these rules:

Sample Type	How Much Allowed
Edibles	2.5mg THC per sample
Concentrates	0.5g per sample
Topicals	2.5mg THC per sample
Flower	0.5g per sample

All samples must be in packages kids can’t open. Only people 21+ with ID can get samples.

Customer Rewards Programs

Businesses can have rewards programs if they follow these rules:

Rule	What it Means
Age limit	Only for people 21 and older
No pushing overuse	Don’t make people want to buy too much
Clear info	Tell customers exactly how the program works

These rules help keep cannabis use safe and legal.

Following the Rules

Fines for Breaking Rules

Not following New York’s cannabis ad rules can lead to big problems. The Office of Cannabis Management (OCM) checks if businesses follow these rules. If they don’t, they can get fines or lose their license.

What Happens	How Much It Costs
First time breaking a rule	$1,000 – $5,000 fine
Breaking a rule again	$5,000 – $10,000 fine
Breaking rules many times or badly	Might lose license to sell

How to Get Ads Approved

To avoid fines and follow the rules, cannabis businesses in New York can do these things:

Read the rules: Look at the OCM’s ad rules carefully.
Send ads to be checked: Give your ads to the OCM before you show them to people.
Wait for OK: Don’t use your ads until the OCM says they’re good.

Tips to Stay Within the Law

To follow New York’s cannabis ad laws, try these tips:

Know who will see your ads: Make sure your ads are for adults 21 and older, not kids.
Tell the truth: Don’t say things about your products that aren’t true.
Use the right packaging: Make sure your product boxes follow OCM rules.
Keep papers: Save copies of your ads and papers that say they’re OK.

Effective Cannabis Ads That Follow Rules

Making Good Ads Within Limits

To create good cannabis ads in New York while following the rules:

Do This	Don’t Do This
Be honest about your product	Make false claims
Use clear, simple language	Use words that appeal to kids
Include required warnings	Forget to mention age limits

Other Ways to Market

Besides ads, try these marketing ideas:

Method	How to Do It
Social media	Share updates on platforms like Instagram
Work with influencers	Team up with adults who have many followers
Host events	Put on gatherings for adults interested in cannabis
Make helpful content	Write blog posts or make videos about cannabis

Building a Brand Safely

To build a safe cannabis brand:

1. Create a clear brand look

Use the same colors and style in all your marketing

2. Keep it grown-up

Don’t use cartoon characters or anything kids might like

3. Follow the rules

Make sure all your marketing follows New York’s laws

Wrap-Up

Key Ad Rules to Remember

New York has strict rules for cannabis ads. Here are the main things to keep in mind:

Rule	What it Means
No kid-friendly content	Don’t use cartoons or things kids like
No health claims	Don’t say cannabis helps with health issues
No slang	Don’t use words like "weed" or "pot"
No pushing overuse	Don’t make people want to use too much
No free stuff	Don’t give away items to promote cannabis
No rewards programs	Don’t offer points or discounts for buying more
Keep it clean	Don’t use rude or offensive content
Check ages online	Make sure website visitors are old enough
Get permission for pop-ups	Don’t show ads without user okay

Keep Up with Changing Rules

It’s important to stay up-to-date with New York’s cannabis ad laws:

Check for new rules often
Follow the latest guidelines to avoid fines
Update your marketing plans when rules change