Part 129: Marketing & Advertising Guidance

Part 129 governs how cannabis licensees in New York State can market and advertise their products. These regulations are designed to help licensees remain competitive while upholding the State’s commitment to protecting public health and safety.

The regulations outline key requirements such as:

• Audience composition
• Advertisement placements
• Required warning statements
• Specific rules for different types of marketing and advertising formats

Summary of Updates to Part 129

• Clearer distinctions between what is permitted for outdoor signs and the prohibition of billboards
• Expanded allowance for additional outdoor signage at retail dispensaries—removing the previous limit of two signs per licensee
• Clarified rules around retail promotions and discounts
• Updated audience composition thresholds for advertising to reflect the percentage of New Yorkers aged 21 and older
• Streamlined required warning statements for visual and audio ads
• New permissions for brand representatives and their marketing practices

VIEW PART 128 & PART 129 REGULATIONS (PDF)

Licensees must maintain accurate records and documentation to ensure that all advertising, marketing, and advertisements comply with applicable PLMA requirements.

Site Plan

Licensees must create, implement, and maintain a site plan that includes:

• The location of all outdoor signs used in marketing or advertising
• A description of each sign, including all content displayed

This site plan must be kept up to date and made available to the Office upon request.

Audience Composition Documentation

Licensees should pay special attention to requirements related to the composition of the audience viewing the licensee’s advertisements. For certain types of advertisements, the audience must meet a specific age threshold:

• 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.
• This proportion must be based on the most recent data from the U.S. Census Bureau’s Annual Estimates of the Resident Population. The U.S. Census Bureau publishes state population estimates annually, including single year estimates by age.

Note: This requirement does not apply to advertising that is only visible or audible within a licensed cannabis retailer’s premises.

Licensees are responsible for maintaining records and documentation that support compliance with all advertising and marketing requirements.

Some examples of such evidence are:

• A description of the age verification methods of an establishment that only allows entrance to individuals who are at least 21 years of age;
• Audience composition data provided by a media purchasing agency or ad agency to verify the demographic information of an audience; and
• Age analytics for the media unit purchased or considered.

Examples of insufficient evidence include:  

• Anecdotal Statements: Claims such as “most of our customers are over twenty-one years old” without supporting data.
• Use of General Population Statistics: Citing overall state demographics without proving that the audience of specific advertising or advertisements meets the audience composition proportion requirement.
• Assume Results without Evidence: Using information about audience composition for a television channel at 11:00 A.M. and assuming the audience composition will be the same on that channel at 9:00 P.M. without data or documentation to support that assumption. 

To protect public health and safety, most advertisements are required to include warnings and other important consumer information. The exact requirements depend on the nature of the advertisement.

At this time, all brand representatives and cannabis merchandise are exempt from the requirements in this section. These advertisements are excluded because it would not be feasible to include the required information on those formats. However, they must still comply with all other applicable marketing and advertising requirements.

Required Information for Advertisements with Visual Elements Only or Visual & Auditory Elements

If an advertisement contains only visual elements (e.g., a magazine ad or a static social media post) or includes both auditory and visual elements (e.g., a TV commercial or Instagram reel), it must include the following information, displayed in specific ways:

1. License Information: Licensees must accurately and legibly include their name and license number in all advertisements, unless the format is specifically exempt by the Office. Note: This requirement does not apply to brand representatives or cannabis merchandise. However, if using a brand representative, licensees must provide a license number upon request.
2. Required Warning Statement: The advertisement must include the following warning: “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.”
3. Rotating Warning Statement: All advertisements (except audio-only ads, brand representatives, and cannabis merchandise, unless otherwise exempt from the Office) must include one of the following rotating warnings:
   • “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 warnings as authorized by the Office
     • IMPORTANT: Licensees cannot use the same rotating warning in all of their advertisements. The rotating warnings can be rotated in any manner the licensee chooses but must be used in a way that results in the warnings being distributed evenly among the advertisements. It is acceptable to rotate warnings so that each warning appears on roughly the same number of advertisements in a year. It is also acceptable if a licensee rotates warnings so that each warning is seen by roughly the same number of people in a year. Other manners of rotation may also be acceptable, provided they ensure the warnings are rotated.  
4. HOPEline Information: All applicable advertisements (excluding brand representatives and cannabis merchandise, unless otherwise exempt from the Office) must include New York State HOPEline information, or other future iteration of New York State’s gambling and substance use disorder resource helpline:
   • Phone number: “1-877-8-HOPENY” or “1-877-846-7369”
   • Text: “HOPENY” or “467369”  
   • Website: “https://oasas.ny.gov/hopeline” or a QR code which linking directly to the website
     • This information must be clearly presented as a substance use disorder resource.  
     • Example of acceptable language: “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.”
5. Display & Presentation Requirements:  The required information must be displayed in a conspicuous manner on the advertisement or, for ads with both auditory and visual elements, it can be either displayed or clearly read aloud.
   • When the information is printed:
     • Must be clearly visible and placed conspicuously on the face of the ad
     • Must be in the same language as the rest of the advertisement
     • Must be in Times New Roman, Calibri, Arial, or Helvetica
     • Must use a minimum of 6-point font, clearly legible and contrasting from the background
     • Must not be obscured or hidden from view
   • Consumer warning information (i.e., the required warning statement and the rotating warning) must be printed in a bright yellow text box (#FFFF00) to stand out from the rest of the advertisement.
     • A similar bright yellow shade may be used, but it must appear visually consistent with #FFFF00.
     • Shades of yellow with saturation values below or above 75% will not be acceptable.
     • A border may be used to help distinguish the yellow box. There are no restrictions on the color or weight of this border. If the yellow is not clearly visible against the background, a border must be used.
     • The licensee’s name, license number, and HOPEline information are not required to be in the yellow box, even if printed on the ad.
   • When the information is read aloud:
     • Must be read at the same volume and pace as the rest of the advertisement
     • Must be in the same language as the rest of the advertisement

Required Information for Advertisements with Auditory Elements Only

If the advertisement contains only auditory elements (e.g., a radio spot or podcast ad), it must include the following information:

1. Required Warning Statement: “For persons 21 and older. Keep away from children and pets. If cannabis is accidentally consumed, contact the Poison Center.”
2. Read Aloud Requirement:
   • The required warning must be read aloud during the advertisement.
   • It must be read at the same volume and pace, and in the same language, as the rest of the advertisement.

Note: Advertisements containing only auditory elements are not required to read aloud a rotating warning or NYS HOPEline information. 

General Marketing & Advertising Requirements & Prohibitions

Licensees may use a wide range of marketing and advertising strategies. However, in addition to the general rules listed below, licensees must also ensure that their marketing and advertising comply with any Format-Specific Marketing & Advertising Requirements outlined in the next section.

• Advertisements are not allowed in or on public transit vehicles or stations.
• Advertisements are not allowed on publicly owned or operated property.
• Marketing and advertising cannot be easily seen by individuals under 21 years of age.
  • Licensees cannot market, advertise, or place advertisements within or readily observed within 500 feet of the following areas:  
    • Elementary or secondary school grounds (as “school ground” is defined in the Education Law)
    • Community facilities (e.g., recreation centers, childcare centers, playgrounds, public parks, libraries)
    • Locations that would violate any federal, state, or local law
  • Distance is measured from the advertisement to either the nearest point of the school ground or to the nearest entrance of a community facility.
    • “Entrance” refers to a regularly used door that gives access to students, worship attendees, or customers. For buildings set back from a street, measurement starts from the center of the walkway or stairs where it meets the sidewalk or building line. Entrances that are used only for emergencies, maintenance, or storage are not included.

Audience Composition Requirements

Licensees must ensure that the audience composition for certain advertisements consists of individuals 21 and older, at a rate that meets or exceeds the proportion of the New York State population that is 21+, based on the latest U.S. Census Bureau data.

• This requirement applies to advertisements placed at events, in print media, on television, radio, and through electronic communications.
• This requirement does not apply to advertisements that are only viewable or audible within a licensed cannabis retail premises. However, the Office may request audience composition data at any time.

Advertisements Must Not be Attractive to Individuals Under 21

Marketing and advertising must not be attractive to individuals under 21. While some individuals under 21 may encounter cannabis advertisements, the content must be designed to limit appeal to that audience. This means:

• Cartoons and mascots are prohibited.
• Licensees cannot mimic marketing and advertising for products commonly associated with youth (e.g., candy, soda, cookies, cereal). This includes references in wording, imagery, or design. This prohibition does not include cultivar names.   
• The terms “candy” or “candies,” or any spelling variant (e.g., “kandy,” “kandeez”), are prohibited, unless used in a cultivar (strain) name.
• Licensees cannot use sounds, symbols, images, characters, public figures, phrases, toys, or games typically used to market to children or teens. This includes but is not limited to:
  • Children's or cartoon voices
  • Animals, balloons, confetti or glitter, superheroes, video game references, race cars, dinosaurs, imaginary creatures or people, or characters or celebrities from children’s shows or books
    • For example, a cartoon-style animal is not allowed, but a simple silhouette might be acceptable.
• Licensees cannot use models who appear under 21 in marketing. Any individual depicted must be at least 25 years old, and their age must be verified using government-issued identification, including IDNYC.

Content Restrictions on Depiction & Messaging

• Marketing and advertising:
  • 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.
    • Cannabis products are required to include recommended serving sizes and clear usage instructions, unless otherwise specified in Part 128. Marketing and advertising that encourages consumption beyond recommended serving sizes is strictly prohibited.
      • Examples of overconsumption or rapid consumption promotion include, but are not limited to:
        • Showing visibly impaired individuals
        • Promoting a product as “easy to consume”
• Marketing and advertising cannot promote product potency.
  • While licensees may state a product’s THC concentration, they may not promote or emphasize potency as a selling point or encourage the use of higher-THC products. If THC is listed for some products, it should be listed for all products in the ad to avoid implying superiority.
    • Examples of prohibited potency promotion include:
      • Highlighting THC concentrations for some products while omitting it for others
      • Implying a product is “better” or “stronger” because it contains more THC

Pricing & Promotions

• Ads cannot promote discounts, coupons, or pricing that reduce product prices below market value or that would undermine local or State tax collection.
• Ads cannot promote giveaways of cannabis products or use the words “free” or “donated.”
  • Examples of prohibited giveaway promotions include, but are not limited to:
    • “Buy one, get one free” style offers
    • Free samples at the register
    • Free cannabis products with no purchase necessary (e.g., a membership program that awards members with a free pre-roll on their birthday with no purchase necessary)
    • Social media contests offering free cannabis for likes or shares
    • Website popups offering “free samples”
    • Games of chance awarding cannabis with no purchase required
    • Free product offers to anyone 21+, even with proof of age, if no purchase is required
• Licensees not authorized to sell cannabis at retail (e.g., cultivators, processors, distributors) may not use giveaways or donated products in any marketing, advertising, or labeling.
• Product samples may only be used for quality control, business-to-business negotiation, or internal staff testing—never for public marketing purposes.

Branded Free Merchandise

Branded cannabis merchandise (e.g., keychains, beverage glasses, lanyards, or cannabis paraphernalia) may only be given away as part of an approved 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).

Truth in Advertising

• Marketing and advertising must not misrepresent cannabis products.
  • Licensees cannot imply that adult-use cannabis is medical cannabis or CBD hemp. Any advertisements that create confusion as to whether a product is a medical cannabis product, adult-use cannabis product, or cannabinoid hemp product are prohibited.
    • Examples of misrepresentation include, but are not limited to:
      • Unapproved health claims
      • Misleading emphasis on CBD (e.g., suggesting a 1:1 THC:CBD product “won’t get you high”)
      • Suggesting a product won’t cause intoxication
      • Comparing adult-use products to medical or cannabinoid hemp products
• Advertisements cannot 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.
• Advertisements cannot include medical or wellness claims, including but not limited to, any claims or representations that the use of cannabis has curative or therapeutic effects.

Restrictions on Labeling Claims

Licensees cannot represent products as “organic,” “craft,” “gluten-free,” “kosher,” or “vegan” unless those claims meet established criteria:

• At this time, there is no organic standard yet established for cannabis that is recognized federally. Until such a standard is recognized federally, a licensee cannot represent themselves or any cannabis flower or other cannabis products they produce as being “organic” or “made with organic ingredients”.
• To represent a product as craft, it must be processed by a licensee which has been designated by the Office as processing craft product pursuant to Part 118.
• To represent a product as gluten-free, the product must meet the definition of the term as it is defined federally (see 21 CFR § 101.91).  
• To represent a product as kosher, the product must be packaged and labeled in compliance with section 201-a of the Agriculture and Markets Law.
• To represent a product as vegan, the product cannot contain any animal products, including gelatin.  

Obscenity, Deception & False Claims

• Marketing and advertising must not be obscene or indecent. This includes content that depicts nudity, uses profanity, or includes offensive visuals or language.
• Marketing and advertising must not be false, deceptive, misleading, or encourage illegal activity. Examples include, but are not limited to:
  • Claiming cannabis products are “safe” because they are regulated by the Board or the Office.
  • Disparaging another business’ cannabis or cannabis products.  
  • Showing cannabis products that are not packaged and labeled in accordance with law, regulation, and guidance.  
  • Encouraging interstate transport of cannabis.

Special Branding Material

• Marketing and advertising can only include special branding materials if authorized by the Office.
  • The Office may create official visuals or audio assets (e.g., an identifier for products made by social and economic equity licensees) that can only be used by certain licensees or on specific products. Unauthorized use is prohibited.

Additional Restrictions

• Marketing and advertising must not use or display the universal symbol.
• Marketing and advertising must not be in the form of a billboard.
• Marketing and advertising must not violate any additional prohibitions as determined by the Board or the Office.

Signs, Outdoor Signs & Billboards

Licensees are permitted to use signs for advertising and marketing under specific conditions. Signs and outdoor signs must comply with all applicable federal, State, and local laws and regulations, including Parts 119, 128, and 129 of the New York Codes, Rules, and Regulations (NYCRR), and any additional requirements set by the Office.

What Is Considered a “Sign”?

A sign includes any poster, placard, design, device, statuette, or graphic display—whether printed, painted, or electric—that features:

• The name, trade name, trademark, insignia, symbol, or slogan of a licensee; or
• The name, trade name, trademark, insignia, symbol, or slogan of a cannabis brand or product.

What Is an Outdoor Sign?

An outdoor sign refers to:

• Any sign located outside a licensee’s brick-and-mortar premises; or
• Any sign placed on a window or door of the brick-and-mortar premises that is intended to be viewed from outside the premises.

When Is a Sign Considered a Billboard?

A sign becomes a billboard if it exceeds:

• A total area of more than 55 square feet if situated within a 100 yard radius of the licensed premises, permitted showcase event, or other event being sponsored by a licensee; or
• A total area of more than 16 square feet if situated more than 100 yards from the entrance to the licensed premises, permitted showcase event, or other event being sponsored by a licensee.  

Billboards cannot be used to advertise or market any cannabis or cannabis service.  

Where Are Signs Prohibited?

Licensees cannot advertise, for any reason, on signs located in:

• Arenas, stadiums, or sporting venues
• Fairs that receive State funding
• Video game arcades
• Shopping malls (unless the sign is used only to indicate the location of a retail dispensary inside the mall)

These restrictions apply to both indoor and outdoor settings. This restriction does not apply if an event or facility uses an employee or agent of the event or facility, or other controlled security access that restricts access to only individuals 21 years of age and older.  

What Can Be Included on Outdoor Signs?

Licensees may advertise using outdoor signs that are visible from outside their licensed premises, as long as they do not appear in any prohibited areas and are limited to the following information:

• Licensee name, entity name, or DBA
• Dispensary address (if applicable)
• Licensee phone number, email, and website
• Directions to the business
• The licensed activity

Lighting & Appearance Standards

Outdoor signs and dispensary exteriors may be illuminated with lights, but only to ensure public safety, help customers locate the business, and to make authorized signage visible at night.

Lighting and design must not be attractive to individuals under 21. For example, dispensaries may not use lighting effects that mimic the appearance of an arcade, stadium, sporting arena or other location that would be attractive to individuals under 21.  

Compliance Requirements for Outdoor Signs

Licensees who use outdoor signs to advertise must:

• Comply with all local signage rules, even if unrelated to cannabis and
• Immediately remove any sign or advertisement if the Office determines it violates the Cannabis Law or Part 129

Adult-use retail licensees may offer promotional pricing strategies—such as discounts, coupons, loyalty programs, or bundled deals—but must ensure these practices maintain market integrity and do not result in pricing cannabis products below fair market value.

Promotions must align with industry best practices to prevent price manipulation, unfair competition, or regulatory violation.

Market Value & Wholesale Pricing

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.

Market value is based on wholesale price, which refers to the price a licensed adult-use distributor charges a retail dispensary or other licensed entity authorized for retail sale.

Factors that may influence the calculation of a cannabis product's price may include, but are not limited to: 

• Volume discounts or bundled pricing structures
• Product form (e.g., flower vs. concentrate vs. edible)
• Quality indicators such as THC content, cultivation method (indoor vs. outdoor), and processing techniques
• Geographic region
• Market conditions (e.g., seasonal trends, crop yields, change in consumer demand)

Examples of Permitted Promotional Pricing Practices  

• Limited-time percentage discounts (e.g., “15% off for loyalty members”)  
• Volume-based discounts (e.g., “Buy 3, save 10%”)  
• Event-based promotions (e.g., “20% off during 4/20 weekend”)  
• Loyalty program rewards (e.g., “Earn points for future discounts”)  

Examples of Prohibited Promotional Pricing Practices

• 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
• Pricing reduction advertised in a manner that encourages overconsumption
• Price reduction advertised in a manner that may be attractive to individuals under 21 years of age, including gamification elements such as “spin the wheel” promotions, scratch-off games, or other game-based mechanisms that may be attractive to individuals under 21 years of age 

Calculation of Retail Tax

Retail tax must be calculated based on the pre-discounted price of the cannabis product to ensure proper collection of State and local taxes and avoid any attempt to subvert tax obligations.

Promotional Pricing Advertisement Requirements

Licensees may advertise promotional pricing offers within the licensed or permitted premises. If advertising outside the premises, it may only occur through the following channels:

• Electronic communications (e.g., email, SMS)
• Mailers
• The licensee’s official website
• A third-party website allowed by the licensee, where the audience is limited to adults 21 and over

Important: Promotional pricing offers cannot be affixed or adhered to any cannabis product package or label.

Marketing & Advertising Rules in an Adult-Use Retail Premises

All marketing and advertising rules outlined in Part 129 apply equally to advertisements placed inside or outside a licensed adult-use cannabis premises—regardless of the license type of the business placing or being featured in the advertisement.

However, because retail settings have unique characteristics, this section offers additional guidance to help adult-use cannabis retailers comply with marketing and advertising rules within the licensed premises.

Please note the following:

• Menus are considered advertisements. 
  Retailers may include product prices, potency, and images on menus. Promotional pricing offers may also appear on menus displayed within the licensed premises without violating marketing and advertising restrictions.
• Consumer education materials count as advertising unless provided by the Office. 
  Retailers may display their own consumer education materials, in addition to official materials from the Office. However, any materials created by the retailer will be considered advertisements and must comply with all relevant requirements under Part 129.
• Co-marketing with cannabinoid hemp products is allowed with clear separation.
  If a retailer also holds a cannabinoid hemp retailer license, they may advertise those products alongside adult-use cannabis. However, it must be clear to the consumer which products are adult-use cannabis and which are cannabinoid hemp.
• In-store signs or advertisements from other cannabis brands or licensees are restricted. Retailers may not display signs or other advertisements promoting cannabis products or services (other than their own brand) unless both of the following requirements are met:
  • The sign or advertisement qualifies as a retail advertising specialty, and
  • Displaying the item does not exceed the retailer’s annual limit for receiving retail advertising specialties from the brand or licensee that provided it.

Retail Advertising Specialties

A licensee operating a retail premises may only accept up to $200 worth of retail advertising specialties from any individual cultivator, processor, microbusiness, cooperative, distributor, ROD, or ROND licensee per calendar year.

Additional requirements include:

• Licensees cannot pool or combine their limits to exceed the $200 cap.
• The $200 value is based on the actual cost to the manufacturer or wholesaler who originally purchased the item.
• Transportation and installation costs are not included in the $200 limit.
• Retailers must maintain verifiable records of the cost of all retail advertising specialties received, which shall be made available for inspection upon request by the Office.

If a licensee enters into an agreement that allows a third party to market or advertise on its behalf—such as an intellectual property license, marketing or advertising agreement, or any similar arrangement—the licensee is responsible for ensuring that the agreement and any use of its intellectual property comply with all packaging, labeling, marketing, and advertising regulations.

Licensees shall not permit the use of their trademarks or branding for third-party use on advertising in a manner that does not comply with Part 129 or any other statute, rule, or regulation.

Licensees must immediately remove or discontinue any marketing, advertising, or advertisement if the Office determines that it violates the Cannabis Law or the requirements outlined in Part 129. This also applies if a licensee fails to provide requested records to the Office showing that their marketing and advertising is compliant.

If a third party uses a licensee’s trademark, brand name, location, or other identifying features in a non-compliant way, the licensee must immediately notify the Office and issue a formal cease-and-desist notice.

The Office may take action against any licensee that fails to comply with these rules. This may include:

• Recommending suspension, cancellation, or revocation of the license to the Board
• Imposing fines or fees
• Ordering the licensee to stop non-compliant marketing or advertising by a specified date
• Requiring the removal of any published or displayed marketing materials by a specified date
• Imposing any other penalties authorized under the Cannabis Law and Part 133