NY cannabis advertising rules for dispensary websites

Why your website is covered

“Advertisements include but are not limited to: websites, social media, print media, broadcast media, TV, radio, streaming media, out of home media, merchandise, discounts, coupons, points-based reward systems, customer loyalty programs, bundled discounts, event sponsorship, brand representatives, street art, murals, and electronic communications.”

9 NYCRR §128.1(b), adopted by §129.1. Source, page 1.

What every dispensary website must include

• 9 NYCRR §129.2(c)

  What warning statement does a NY dispensary website need?

  Websites count as advertising under Part 129, so a dispensary website must carry this statement from 9 NYCRR §129.2(c)(1), word for word, in a conspicuous manner: "For use only by persons 21 years of age and older. Keep out of reach of children and pets. If someone accidentally consumes cannabis, contact the Poison Center. Consume responsibly." Brand representatives and cannabis merchandise are exempt, as is anything the Office of Cannabis Management has approved otherwise.

• 9 NYCRR §129.2(d)

  What are the rotating health warnings for NY cannabis advertising?

  Under 9 NYCRR §129.2(d), advertising must also include one of four health warnings, in its entirety and in a conspicuous manner, rotated as directed by the Office of Cannabis Management. Audio-only advertising, brand representatives and cannabis merchandise are exempt.

• 9 NYCRR §129.2(e)

  How do cannabis warnings have to be displayed on a NY dispensary website?

  Under 9 NYCRR §129.2(e), written warnings must be in the same language as the ad, in Times New Roman, Calibri, Arial or Helvetica, no smaller than 6-point, legible with sufficient contrast, unobscured, and inside a bright yellow text box. If the surrounding ad is yellow, the box needs a distinctive border.

• 9 NYCRR §129.2(f)

  Does a NY dispensary website need the HOPEline number?

  Yes. Unless the Office exempts it, advertising must include the New York State HOPEline phone number, text number, and website or QR code (9 NYCRR §129.2(f)). Brand representatives and cannabis merchandise are exempt.

• 9 NYCRR §129.2(k)

  Where does a NY dispensary have to show its license number?

  In all advertising. Under 9 NYCRR §129.2(k), a licensee must accurately and legibly include its name and license number in all advertising and advertisements, unless the Office has approved the form of the ad otherwise.

• 9 NYCRR §129.2(l)

  Does a NY dispensary website need an age gate?

  Yes. Under 9 NYCRR §129.2(l), a licensee that advertises through a website or app must have a mechanism designed to require each visitor to verify that they are 21 or older.

What advertising must not do: §129.2(b)

“Any advertising and marketing of cannabis and cannabis products or services shall not:”

1. (1)be attractive to individuals under the age of twenty-one
2. (2)promote or depict the use of cannabis products by individuals under the age of 21
3. (3)be false, deceptive, or misleading
4. (4)promote overconsumption of cannabis or cannabis products
5. (5)depict consumption of cannabis or cannabis products
6. (6)be within or readily observed within five hundred feet of the perimeter of a school ground, playground, child day care provider, public park, or library
7. (7)be in or on a public transit vehicle or station
8. (8)be on publicly owned or operated property
9. (9)make medical claims or promote adult-use cannabis for a medical or wellness purpose, including but not limited to any claims or representations that the use of cannabis has curative or therapeutic effects
10. (10)except as provided for in this Part, promote or implement discounts, coupons, or other means of selling adult-use cannabis products either below market value or at a discount that would subvert local and State tax collections
11. (11)be in the form of a billboard
12. (12)use or display the imagery, action or sound of smoking or vaping
13. (13)promote product potency
14. (14)falsely portray cannabis or cannabis products as being in compliance with article 3 or article 5 of the Cannabis Law
15. (15)assert that cannabis or cannabis products are safe because they are regulated by the board or the office
16. (16)use the term "vegan" or any similar term, unless describing a cannabis product containing no animal products
17. (17)use the term "kosher" or any similar term, unless describing a cannabis product packaged and labeled in compliance with section 201-a of the Agriculture and Markets Law
18. (18)use the term "gluten-free", or any similar term, unless the product meets such term as defined in Title 21, as it relates to Food and Drugs, of the Codes of Federal Regulation section §101.91
19. (19)use the term "craft", or any similar term, unless describing a cannabis product made by a processor designated by the office as processing craft products pursuant to Part 118 of this Title
20. (20)use the term "organic", unless describing a cannabis product's ingredients and in compliance with Title 7, as it relates to Agriculture, of the Codes of Federal Regulations sections 205.600 to 205.607 (sections 205.608-205.619 [Reserved]), regarding the USDA National list of Allowed and Prohibited Substances, such that the product contains at least 70 percent certified organic ingredients (not including salt or water)
21. (21)depict cannabis products not compliant with Part 128 of this Title
22. (22)disparage the cannabis or cannabis products of another licensee
23. (23)encourage the transportation of cannabis across state lines or otherwise encourage illegal activity
24. (24)include medical symbols that might reasonably lead a consumer to think the product is a medical product unless that product is a medical cannabis product sold by a registered organization pursuant to Part 113 of this Title
25. (25)utilize unsolicited pop-ups or banners on the internet or digital application other than age-restricted websites or digital applications for individuals 21 years of age or over who consent to view cannabis-related material
26. (26)include a special branding material, unless use of such branding material is authorized and complies with this Part

9 NYCRR §129.2(b)(1)–(26), quoted word for word from OCM’s published text (pages 18–19). Several items, such as billboards, transit and the 500-foot buffer, govern physical placement rather than websites. Checked against the source on October 20, 2026.