The 5 Most Common Dispensary Website Violations in 2026
OCM conducted 401 compliance inspections in 2025 and issued 2,017 enforcement actions. The most common violations aren’t exotic edge cases — they’re basic requirements that dispensaries either don’t know about or haven’t gotten around to implementing.
Here are the five we see most often, why they happen, and how to fix them.
1. Missing or Outdated Warning Statement
The rule: §129.2(c) requires every advertising page to display the mandatory warning statement. As of December 2025, the text was updated — the old version is now non-compliant.
Why dispensaries miss it: Many sites were built before the December 2025 update and still display the old warning text. Others have the warning on the homepage but not on product pages, blog posts, or landing pages. Some sites have no warning at all.
The penalty: First offense ranges from $1,000 to $5,000 per violation under Cannabis Law §16. Each page missing the warning can count as a separate violation.
How to fix it: Add the current warning text to your site footer so it appears on every page. Use our free Warning Statement Generator to get a compliant, copy-paste HTML snippet.
2. No Age Verification Gate
The rule: §129.2(l) requires any website that advertises cannabis to have a mechanism designed to prevent individuals under 21 from accessing the site.
Why dispensaries miss it: Some dispensaries use embedded iFrame menus from platforms like Dutchie or Jane that handle age gating — but the rest of their site (homepage, about page, blog) is wide open. Others had an age gate that broke during a site redesign and was never restored.
The penalty: $1,000 to $5,000 first offense, $5,000 to $15,000 repeat. This is classified as a critical violation because it involves access by minors.
How to fix it: Implement a full-page modal or interstitial that blocks all site content until age is verified. It must appear on every page, not just the menu.
3. Health or Wellness Claims in Marketing Copy
The rule: §129.2(b)(9) prohibits advertising that makes medical claims or promotes cannabis for a medical or wellness purpose, including claims of curative or therapeutic effects.
Why dispensaries miss it: Product descriptions are the main culprit. Copy like "helps with anxiety," "natural pain relief," or "promotes better sleep" is common in cannabis marketing but explicitly prohibited for adult-use advertising. Some dispensaries copy product descriptions from cultivators or brands without reviewing them for compliance.
The penalty: $1,000 to $5,000 first offense, $5,000 to $15,000 repeat. This is a critical violation.
How to fix it: Audit every product description on your site. Remove any language that implies cannabis treats, cures, or alleviates any medical condition. Stick to flavor, aroma, and experience descriptors. If a brand provides non-compliant copy, rewrite it.
4. Missing HOPEline Information
The rule: §129.2(f) requires every advertisement to include the NYS HOPEline phone number (1-877-8-HOPENY), text number (HOPENY / 467369), and website (oasas.ny.gov/hopeline) or QR code.
Why dispensaries miss it: The December 2025 update expanded this from just the phone number to all three contact methods. Many sites have the phone number but are missing the text number or website link.
The penalty: $500 to $3,000 first offense, $3,000 to $10,000 repeat.
How to fix it: Add all three HOPEline contact methods to your warning block. Our Warning Statement Generator includes the complete HOPEline information in the correct format.
5. Missing License Number Display
The rule: §129.2(k) requires licensees to accurately and legibly include their name and license number in all advertising.
Why dispensaries miss it: Some dispensaries display their license number on an "About" or "Legal" page but not on advertising pages. Others have it in such small text or low contrast that it doesn’t meet the "legibly" requirement.
The penalty: $500 to $2,000 first offense, $2,000 to $10,000 repeat.
How to fix it: Add your license number (format: OCM-XXXX-XX-XXXXXX) to your site footer so it appears on every page. Make sure it’s legible and in a reasonable font size.
The Real Cost
If your site has all five of these violations, your first-offense exposure ranges from $4,000 to $20,000. And remember — each page counts separately. A 15-page site with a missing warning statement isn’t one violation, it’s fifteen.
The good news: every one of these is fixable, most in under an hour. The hard part is knowing they’re there.
Run a free compliance scan to find out exactly what OCM would flag on your site.