New York Cannabis Advertising Laws for Dispensaries - Amended Part 129 Rules on 21 and Older Audience Test, Billboard Ban, Warnings, HOPEline, Age Verification, Discounts - Bud Authority Search Strategy
New York cannabis advertising laws for dispensaries: the amended Part 129 audience test, billboard ban, warnings, HOPEline and age checks. Run a free audit.
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New York's Cannabis Control Board sets adult-use cannabis advertising rules under Cannabis Law section 86. The amended 9 NYCRR Parts 128 and 129 now govern, and the regulator lists them as effective December 3, 2025. The headline rules: a 21+ audience proportion test, no billboards, a required warning statement plus a rotating health warning, 21+ verification on websites and social media, and no giveaways. This is general information, not legal advice, so confirm with the regulator.
Much of the New York advertising advice still in circulation describes the March 2023 text, the source of two rules that no longer apply: a 90% adult audience requirement and a bar on promoting price, discounts, loyalty programs and coupons. A campaign planned from the old text gets the audience test wrong and leaves out promotions the amended rules now allow.
Rule text on this page was last checked against the regulator's published adopted text on October 13, 2026.
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Who writes New York's cannabis advertising rules, and which version applies now
The Cannabis Control Board writes them. Its November 2025 adoption resolution states that under Section 86 of the Cannabis Law the Board is charged with establishing advertising and marketing rules.
The Board voted on November 13, 2025 to adopt the amended Parts 128 and 129 permanently, to take effect when a Notice of Adoption is published in the State Register. The Office of Cannabis Management's list of current regulations shows the Part 128 and 129 packaging, labeling, marketing and advertising regulations as adopted, with the date December 3, 2025.
The advertising rules sit in Part 129 of the adopted marketing and advertising text: section 129.2 for general rules and section 129.3 for discounts and promotions.
| Rule | March 2023 text (superseded, per the Cornell LII mirror) | Amended text now listed as adopted |
|---|---|---|
| Audience | At least 90% of the audience reasonably expected to be 21 or older, per the old 129.2 | The 21+ share of the audience must meet or exceed the 21+ share of the state's population |
| Price promotion | Could not promote price, price reductions, discounts, loyalty programs or coupons | Discounts, coupons, points-based rewards and loyalty programs allowed under the section 129.3 conditions |
Audience rules: the 21+ proportion test and where it does not apply
Section 129.2(g) lets a licensee advertise only where the audience is reasonably expected to include a proportion of people 21 and older that meets or exceeds the 21-and-older share of the state's population, measured against U.S. Census Bureau figures. The burden of proof on audience composition lies with the licensee.
The amended text sets no fixed percentage, so a media plan needs audience data for each placement and a current Census figure to compare it against. Because the licensee carries the burden of proof, those audience reports belong in a dated file before the ad runs.
The audience test does not apply to advertising that can only be seen or heard from inside a licensed retailer's premises. That exception sits inside the audience requirement itself, so on its face it covers the audience test only. In-store screens and posters still answer to the content and warning rules below.
Content a New York ad cannot contain
Part 129 lists what advertising may not do. These are the items that most often reach dispensary copy:
- Be attractive to people under 21.
- Be false, deceptive or misleading.
- Promote overconsumption, depict consumption, or use the imagery, action or sound of smoking or vaping.
- Make medical claims or promote adult-use cannabis for a medical or wellness purpose.
- Promote product potency.
The potency and wellness items reach menu and product copy, not only paid ads. A product description that sells on its THC figure, or a blog post that pitches a strain for sleep, is the first place to check.
Warnings, HOPEline and license details every ad carries
Every ad except brand representatives and cannabis merchandise carries a warning statement. For visual and audio-visual ads, it reads:
> "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."
Each ad also carries one health warning chosen from a list in the rule. The list includes:
- 1"Cannabis can be addictive."
- 2"There may be health risks associated with consumption of this product."
- 3"Cannabis is not recommended for use by persons who are pregnant or nursing."
Printed warnings use a font the rule specifies, in text no smaller than 6-point, inside a bright yellow text box that stands out from the surrounding advertising.
Ads also include the New York State HOPEline phone number, text number, and website or QR code, plus the licensee's name and license number, accurately and legibly, unless an exemption applies. A creative template with a reserved yellow warning box, a HOPEline block and a license line puts those elements in every new asset from the start, instead of adding them at review.
Signs, billboards and the 500-foot buffer
No advertising may be within, or readily observed within, five hundred feet of the perimeter of a school ground, playground, child day care provider, public park or library. Ads are also barred on public transit and on publicly owned property.
Billboards are banned outright. Outdoor signs are allowed when:
- The sign carries only the licensee's name, address and contact details, directions to the business, and the licensed activity.
- It is not attractive to people under 21.
Signs of any size are prohibited in arenas, stadiums, other sport venues, shopping malls, fairs and video game arcades. Two exceptions apply: a mall sign that points to a dispensary inside that mall, and venues where access is limited to people 21 and older.
Websites, apps and social media need age verification
A dispensary that advertises through a website or app needs a mechanism that requires each visitor to verify they are 21 or older.
On social media, the profile page shows text stating that cannabis products are legal only for people 21 and older, plus the license number. Social media ads run only where the user verifies they are 21 or older.
Platform policies apply on top of the state rules. Google and Meta set their own limits on cannabis ads, covered in cannabis ad policies by platform, and passing a platform's ad review does not satisfy the New York audience or verification rules.
Can a New York dispensary advertise discounts and loyalty programs?
Yes. Section 129.3 allows price reductions, discounts, coupons, points-based reward systems, customer loyalty programs and bundled discounts, under conditions that include:
- 1The offer does not result in a sale below market value.
- 2Retail tax is calculated on the pre-discounted price.
- 3Outside the licensed premises, the offer is advertised only through channels where the audience is 21 and over.
Giveaways stay off limits: a licensee may not advertise giveaways of adult-use cannabis products or "free" or "donated" cannabis products.
What Part 129 means for SEO and a dispensary website
The age-check rule attaches to advertising through a website or app, so the rules treat a dispensary website as a place it advertises. That puts product pages, category pages, blog posts and the meta descriptions search engines show within reach of the content list above.
Pages written to rank on strongest-strain or wellness searches sit close to the potency and wellness lines. Copy that describes format, flavor and how a product is used answers the same shopper without promoting potency.
The text leaves two website questions open. The warning, rotating warning, HOPEline and license rules apply to advertising, but the rule does not say where on a website those elements must appear: on every page, in a footer, or on the age check. Confirm placement with the Office of Cannabis Management before building it into a site template.
The age check is the second question. The rule requires a mechanism without describing one, and how it is built affects what search engines can read. A check that overlays the page leaves the text in the HTML a crawler receives, while one that redirects every request before any content loads can leave the page with nothing to index. Whether a particular setup meets the rule is for the regulator to answer.
Bud Authority's free search audit is a separate, automated scan of how a site is set up for search, with the report card displayed on screen.
What to confirm with the regulator before you publish
Take these questions to the Office of Cannabis Management:
- 1Whether the December 3, 2025 date applies to every provision you rely on, given that the Board's resolution ties the effective date to publication of the Notice of Adoption.
- 2Where the warning statement, rotating warning, HOPEline details and license number must appear on a website.
- 3Whether your age verification mechanism meets the website and app requirement.
- 4Which rotating warning to run, and how often to rotate it.
- 5Whether an exemption covers your ad format for the warning statement, HOPEline or license number.
- 6What audience data the office accepts as proof under 129.2(g).
- 7How market value is calculated for the below-market-value condition in 129.3.
Rules for other states are collected on the state-by-state cannabis advertising laws hub.
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