New York cannabis rules, explained for operators

What are New York's cannabis advertising rules?

Checked against OCM pages and the regulation text on September 6, 2026.

New York's cannabis advertising rules are in Part 129 of Title 9 of the New York Codes, Rules and Regulations. Part 129 has five sections. Section 129.2 says what every ad must contain and where it may run. Section 129.3 lists what no ad may do. Section 129.4 covers outdoor signs.

The Office of Cannabis Management reads "advertisement" broadly. Its guidance says menus are advertisements. That means the rules below apply to your in-store menu board, your online menu, your website, and your social media, not only to paid ads.

What counts as an advertisement

Part 129 borrows its definitions from Part 128, the packaging and labeling Part. Source: 9 NYCRR 129.1.

"Advertisement means 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."
9 NYCRR 128.1, effective March 22, 2023. Read the section.

The definition does not list the word "menu." The Office's guidance fills that gap. It says, "Menus are considered advertisements." The same guidance says retailers may include product prices, potency, and images on menus. Source: OCM Part 129 Guidance.

Consumer education material you write yourself is also an advertisement under the guidance. Material published by the Office is not. Source: OCM Part 129 Guidance.

What every ad must include

Section 129.2 sets the requirements that apply to every advertisement unless the Office approves otherwise. Source: 9 NYCRR 129.2.

The required warning. Visual ads must carry this text: "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 Poison Center at 1-800-222-1222 or call 9-1-1. Please consume responsibly." Audio-only ads read a version aloud. Source: 9 NYCRR 129.2(c).
One rotating warning. The regulation lists four statements and lets the Office add more. They are: "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." Source: 9 NYCRR 129.2(d).
Warning format. Warnings go in a bright yellow text box, in Times New Roman, Calibri, Arial, or Helvetica, at a minimum of 6-point font, bolded. Source: 9 NYCRR 129.2(e).
The HOPEline. Ads must include "the New York State HOPEline phone number, text number, and website or QR code." The Office's guidance gives the number as 1-877-8-HOPENY and the text keyword as HOPENY. Source: 9 NYCRR 129.2(f); OCM Part 129 Guidance.
Your name and license number. Every ad must "accurately and legibly include its name and license number." Source: 9 NYCRR 129.2(k).
An age gate on digital properties. A website or app must have "a mechanism designed to keep those under the age of twenty-one from visiting the website or digital application." Source: 9 NYCRR 129.2(l); OCM Format-Specific Requirements, rev. 12/2025.

Where an ad may run

Section 129.2(g) limits advertising on television, radio, print, internet, mobile apps, social media, and electronic communication to placements where "the licensee has reliable evidence that at least 90%, unless otherwise determined by the Office, of the audience for the advertisement is reasonably expected to be twenty-one years of age or older." Source: 9 NYCRR 129.2(g).

The Office has used its authority to set a different number for some formats. Its guidance says that for print, television, radio, electronic communications, and events, "at least 75.9% of the audience for certain forms of advertising or advertisements must be age 21 or older," a figure it ties to 2023 Census data on the share of New Yorkers who are 21 or older. Which threshold applies to a given format is set out in the Office's format-specific guidance. Source: OCM Part 129 Guidance; OCM Format-Specific Requirements.

Social media has its own conditions. A licensee's profile must display text stating that cannabis products are legal only for adults 21 and older, plus the license number, and the licensee must "disseminate social media advertising or advertisements only to user accounts where the user verifies that they are age twenty-one (21) or older." Source: OCM Format-Specific Requirements, rev. 12/2025.

What no ad may do

Section 129.3(a) opens with "No marketing, advertising, or advertisement shall:" and then lists 28 items. Source: 9 NYCRR 129.3(a). The ones that come up most often on a dispensary menu or feed are these.

"be false or misleading, including making any health claims or a representation that use of cannabis has curative or therapeutic effects." Source: 9 NYCRR 129.3(a)(6).
"promote product potency or THC concentration." Source: 9 NYCRR 129.3(a)(8).
"promote price, price reductions, or any other discount, customer loyalty program, or coupon," except under an approved environmental sustainability program or with Office approval. Source: 9 NYCRR 129.3(a)(9).
"assert that cannabis or cannabis products are safe because they are regulated by the Board or Office." Source: 9 NYCRR 129.3(a)(11).
"include medical symbols that might reasonably lead a consumer to think the product is a medical product." Source: 9 NYCRR 129.3(a)(22).
Use images or audio designed to appeal to people under 21, including cartoon voices or children's voices. Source: 9 NYCRR 129.3(a)(2) and (a)(3).
Use slang such as "stoner," "chronic," "weed," "pot," or "sticky buds," unless the term is part of the licensee's registered name or logo. Source: 9 NYCRR 129.3(a)(5).
Offer free promotional items, gifts, giveaways, points-based rewards, or loyalty programs, with narrow exceptions for branded exit packages after a purchase and approved sustainability programs. Source: 9 NYCRR 129.3(a)(25).
Use "organic," "craft," "gluten-free," "vegan," or "kosher" unless the product meets the standard the regulation names for each word. Source: 9 NYCRR 129.3(a)(12) through (a)(16).
Appear within 500 feet of a school, recreation center, child care facility, playground, park, or library. Source: 9 NYCRR 129.3(a)(18).

Section 129.3(b) adds that you may not let a third party use your trademark, brand, or location in advertising that would break the Part. Source: 9 NYCRR 129.3(b).

Outdoor signs

Section 129.4 lets a retail licensee advertise outdoors with signs that tell people where the dispensary is. A sign may show the licensee's name or doing-business-as name, the dispensary's address and contact details, and the nature of the business. Signs must be attached to a building or permanent structure, may not be on a vehicle, and are capped at two per licensed premises. Source: 9 NYCRR 129.4(a).

The Office's inspection training for retailers repeats the cap: a maximum of "2 signs allowed outside of the building." Source: OCM CHIP Academy session 3.6.

The record you have to keep

Section 129.2(h) says: "A licensee shall maintain records and documentation to establish that its advertising and marketing meet the requirements of this Part." Source: 9 NYCRR 129.2(h).

Section 125.13 lists "all records related to advertising and marketing" among the records every licensee must keep, and sets the retention period at "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) and (c)(6).

A separate explainer covers what that record looks like in practice: What is a dispensary ad record and how long do I keep it?

What this means for your store

Treat your menu as an ad. The Office's guidance says it is one. Product descriptions, strain notes, and photos on the menu are covered by section 129.3.
Check every product description for health or wellness language. "Helps with sleep" and "for pain" are health claims under 129.3(a)(6). See Can I use health claims on my dispensary menu?
Prices and potency can appear on the menu, per the Office's guidance. Promoting a discount, a loyalty program, or a coupon outside an approved program cannot, per 129.3(a)(9) and (a)(25).
Put the required warning, a rotating warning, the HOPEline, and your license number on any ad that leaves the store, including social posts. The format rules are in 129.2(e).
Count your outdoor signs. Two is the ceiling under 129.4(a)(5).
Keep a copy of every ad and the evidence for where it ran. Section 129.2(h) puts the burden of proof on you, and 125.13 keeps it on file for five years.