N.Y. Cannabis Law § 86: Adult-use cannabis advertising and marketing

§ 86. Adult-use cannabis advertising and marketing. 1. The board shall

promulgate rules and regulations governing the form and content of

advertising and marketing of licensed cannabis and any cannabis products

or services.

2. The board shall promulgate regulations for advertising and

marketing content including but not limited to explicit rules

prohibiting advertising that:

(a) is false, deceptive, or misleading;

(b) promotes overconsumption;

(c) depicts consumption;

(d) is designed in any way to appeal to children or other minors;

(e) is within or is readily observed within five hundred feet of the

perimeter of a school grounds, playground, child day care providers,

public park, or library;

(f) is in public transit vehicles and stations;

(g) is in the form of an unsolicited internet pop-up;

(h) is on publicly owned or operated property;

(i) makes medical claims or promotes adult-use cannabis for a medical

or wellness purpose;

(j) promotes or implements discounts, coupons, or other means of

selling adult-use cannabis products below market value or whose discount

would subvert local and state tax collections;

(k) is in the form of a billboard; or

(l) fails to satisfy any other advertising or marketing rule or

regulations promulgated by the board related to marketing or

advertising, not inconsistent with this chapter.

3. The board shall promulgate explicit rules prohibiting all marketing

strategies and implementation including, but not limited to, branding,

packaging, labeling, location of cannabis retailers, and advertisements

that are designed to:

(a) appeal to persons less then twenty-one years of age and/or

populations at-risk of increased adverse health consequences as

determined by the board in regulation; or

(b) disseminate false or misleading information to customers.

4. The board shall promulgate regulations requiring that:

(a) all advertisements and marketing accurately and legibly identify

the party or other business responsible for its content; and

(b) any broadcast, cable, radio, print and digital communications

advertisements only be placed where the audience is reasonably expected

to be twenty-one years of age or older, as determined by reliable,

up-to-date audience composition data. The burden of proving this

requirement lies with the party that has paid for or facilitated the

advertisement.

5. The board may establish procedures to review and enforce

advertising and marketing requirements.