Everything That Changed in the December 2025 PLMA Update

On December 3, 2025, the Office of Cannabis Management published sweeping amendments to 9 NYCRR Parts 128 and 129 — the Packaging, Labeling, Marketing, and Advertising (PLMA) rules. These changes affect every licensed dispensary’s website, social media, and in-store signage.

Here’s a breakdown of every significant change, what the rule looked like before, and what you need to do now.

1. Loyalty Programs Now Allowed (§129.2(q) / §129.3)

Before: Loyalty and discount programs were largely prohibited or operated in a gray area. Most dispensaries avoided them entirely.

Now: §129.3 explicitly allows discount and loyalty programs, with conditions. Programs cannot sell cannabis below market value, cannot be structured as contests or sweepstakes, and must comply with all other advertising rules. §129.2(q) requires that any advertised discount includes the terms and conditions.

What to do: If you run a loyalty program, make sure it’s disclosed with full terms. If you advertise discounts on your website, include the conditions — don’t just say "20% off" without explaining eligibility.

2. Warning Statement Text Updated (§129.2(c))

Before: "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."

Now: "For use only by adults 21 and older. Keep out of reach of children and pets. If someone accidentally consumes cannabis, contact the Poison Center. Consume responsibly."

The changes are subtle — "years of age" dropped, the Poison Center number removed from the required text, "Please" dropped from "consume responsibly." But using the old text could be flagged as non-compliant.

What to do: Update every page on your site that displays the warning. Check your footer, product pages, and any advertising pages. The old text was compliant until December 3 — now it’s outdated.

3. Fourth Rotating Health Warning Added (§129.2(d))

Before: Three rotating warnings were required.

Now: A fourth warning has been added: "Cannabis is not recommended for use by persons who are pregnant or nursing."

What to do: Add the new warning to your rotation. If you use a static warning on every page, consider implementing actual rotation — OCM expects to see different warnings on different pages.

4. Audience Composition Threshold Changed (§129.2(g))

Before: Advertising could not be placed where more than 10% of the audience is under 21 — effectively requiring a 90% adult audience.

Now: The threshold is based on Census-proportional data. Advertising may not target or be placed in a manner that is designed to appeal to or reach individuals under 21 at a rate disproportionate to the Census-determined demographic composition of the intended audience.

What to do: If you advertise on platforms with demographic targeting (social media, display ads), document that your audience settings align with Census proportions. This is harder to prove but more realistic than the old 90% rule.

5. Outdoor Sign Limits Removed (§129.4)

Before: Dispensaries were limited to two outdoor signs.

Now: The two-sign limit has been removed. Outdoor signage must still comply with all other advertising rules (no youth appeal, required warnings, etc.) and local ordinances.

What to do: If you’ve been holding back on signage, you can now add more — but make sure every sign is compliant with Part 129 content rules.

6. Billboard Definition Redefined (§129.4)

Before: Billboard restrictions were broad and somewhat vague.

Now: §129.4 provides a clearer definition of what constitutes a billboard versus other outdoor advertising, affecting how the placement and content rules apply.

What to do: If you use outdoor advertising beyond storefront signage, review the updated definitions to confirm compliance.

7. Social Media Requirements Codified (§129.2(m))

Before: Social media rules existed as informal OCM guidance.

Now: §129.2(m) formally codifies social media profile requirements. Licensed dispensaries advertising via social media must include required disclosures in their profiles.

What to do: Check your Instagram, Facebook, and other social profiles. They need the same mandatory warning, HOPEline info, and license number that your website requires.

8. Advertising Recordkeeping Required (§129.2(h))

Before: No formal recordkeeping requirement for advertisements.

Now: §129.2(h) requires licensees to maintain records of all advertisements, including the content, placement, and duration. These records must be available for OCM inspection.

What to do: Start keeping a log of every advertisement you run — website pages, social posts, print materials, digital ads. Include dates, content, and where each ad was placed.

9. Bolded Warning Requirement Removed (§129.2(e))

Before: Warning statements were required to be bolded.

Now: The bolding requirement has been removed. Warnings must be "easily legible and contrast sufficiently from the background and other text" — but bold formatting is no longer mandated. The yellow text box requirement (§129.2(e)(6)) is now explicitly required.

What to do: You don’t need to un-bold your warnings (bold is fine, just not required). But make sure you have the yellow text box, an approved font (Arial, Helvetica, Times New Roman, or Calibri), and at least 6-point font size.

Bottom Line

The December 2025 PLMA update is the biggest change to NY cannabis advertising rules since the original regulations were published. Most dispensary websites have at least one element that needs updating.

Not sure if your site is current? Run a free compliance scan — we check all 23 regulations and flag exactly what needs attention.