New York cannabis rules, explained for operators
What is a dispensary ad record and how long do I keep it?
Checked against OCM pages and the regulation text on September 6, 2026.
An ad record is the file 9 NYCRR 129.2(h) requires you to keep for every advertisement: a copy of the ad as it ran, when and where it ran, and the evidence that it met Part 129. The burden of proof is on you, not the Office.
You keep it for at least five years from the date it was created. That period comes from 9 NYCRR 125.13, which lists "all records related to advertising and marketing" among the records every licensee must hold.
The requirement
Section 129.2(h) is one sentence.
"A licensee shall maintain records and documentation to establish that its advertising and marketing meet the requirements of this Part."
9 NYCRR 129.2(h), effective March 22, 2023. Read the section.
The Office's guidance restates it: "Licensees must maintain accurate records and documentation to ensure that all advertising, marketing, and advertisements comply with applicable PLMA requirements." Its format-specific guidance adds that licensees "are responsible for maintaining records and documentation to prove that its advertising, advertisements, and marketing meet the established population composition requirements." Source: OCM Part 129 Guidance; OCM Format-Specific Requirements, rev. 12/2025.
Section 125.13, the general record-keeping section, lists the same records from the other direction. Item (c)(6) requires "all records related to advertising and marketing." Source: 9 NYCRR 125.13(c)(6).
What counts as an ad
Part 129 uses the definitions in Part 128. Section 128.1 defines an advertisement as "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 including, but not limited to: 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." Source: 9 NYCRR 128.1.
The Office's guidance adds two items the definition does not name. "Menus are considered advertisements." Consumer education materials count as advertising unless the Office provided them. Source: OCM Part 129 Guidance.
For a dispensary that means the record covers at least these.
- Your in-store menu and your online menu, each time they change.
- Your website and any age gate on it. Source: 9 NYCRR 129.2(l).
- Every social media post and the profile page itself. Source: OCM Format-Specific Requirements, rev. 12/2025.
- Paid placements in print, radio, TV, streaming, or digital media.
- Email and text messages to customers.
- Your outdoor signs. The Office's guidance asks for site plans showing where the signs are and what they say. Source: OCM Part 129 Guidance.
- Branded merchandise and exit packaging. Source: 9 NYCRR 129.2(j); 9 NYCRR 129.3(a)(25).
- Event sponsorships. Source: 9 NYCRR 129.2(i).
- Strain guides, buying guides, and other education material you wrote.
What the file should hold
The regulation names the goal, not the contents. The contents follow from what Part 129 requires of each ad. For each advertisement the file should let an inspector confirm every one of these points. Source: 9 NYCRR 129.2; 9 NYCRR 129.3.
| Item | What it proves | Requirement |
|---|---|---|
| A copy of the ad as published, with the date | What the customer saw | 129.2(h) |
| Where it ran and for how long | Placement, and whether it was within 500 feet of a school, park, or library | 129.3(a)(18) |
| The required warning and one rotating warning, in the yellow box format | Warnings present and formatted | 129.2(c), (d), (e) |
| The HOPEline number, text number, and website or QR code | HOPEline present | 129.2(f) |
| Your name and license number on the ad | Identification | 129.2(k) |
| Audience data for the placement | The 21-and-over share met the threshold | 129.2(g); OCM guidance |
| A note that the copy was checked for health claims, potency promotion, and discounts | No prohibited content | 129.3(a)(6), (8), (9) |
| Screenshot of the website age gate and the social profile text | Digital access controls | 129.2(l); OCM format guidance |
On audience data, the Office's guidance names what it will accept: "Audience composition data provided by a media purchasing agency or ad agency" and "Age analytics for the media unit purchased or considered." Source: OCM Part 129 Guidance.
How long to keep it
Section 125.13(a) says: "A licensee shall keep and maintain records required by this Title, or any other applicable federal or state rule or regulation, for at least five (5) years from the date of creation, unless a shorter time is specified by the Office." Source: 9 NYCRR 125.13(a).
Records must be "readily retrievable and available to the Office upon request," and stored so they are protected from "debris, moisture, contamination, hazardous waste, and theft." Source: 9 NYCRR 125.13(b) and (d).
The five years run from creation, not from when the ad stopped running. A menu version published in September 2026 stays on file until September 2031. No shorter period for advertising records could be found in the Office's published guidance at the time of writing. UNVERIFIED
What this means for your store
- Save a dated copy of your menu every time it changes. Under the Office's guidance each version is an advertisement, and 129.2(h) asks you to prove it met the rules.
- Screenshot every social post at the time you publish it, with the profile page showing the 21-and-over text and your license number.
- Get audience data in writing from anyone who places an ad for you. The 90 percent standard in 129.2(g) is met by evidence, not by assumption.
- Keep a site plan showing your outdoor signs and their text. The Office's guidance lists it as a record it expects.
- File the evidence with the ad, not in a separate folder. An inspector asks for the ad first, then the proof.
- Set the retention clock at five years from the date each record is created, per 125.13(a).
Sources
- 9 NYCRR 128.1, Definitions (Cornell LII)
- 9 NYCRR 129.2, Adult-Use Marketing and Advertising General Requirements (Cornell LII)
- 9 NYCRR 129.3, Adult-Use Marketing and Advertising Prohibitions (Cornell LII)
- 9 NYCRR 125.13, General Record Keeping Requirements (Cornell LII)
- OCM, Part 129: Marketing and Advertising Guidance
- OCM, Format-Specific Marketing and Advertising Requirements, rev. 12/2025 (PDF)