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 the regulation says
(l) A licensee who advertises via a website or digital application shall have a mechanism designed to require a visitor to such website or digital application the website or digital application to verify that the visitor is 21 years of age or older.
9 NYCRR §129.2(l), quoted word for word from OCM’s published text (9 NYCRR Parts 128 & 129, as adopted December 3, 2025, page 21). Checked against the source on October 20, 2026.
What the rule requires
- A mechanism that requires the visitor to verify they are 21 or older. The rule does not prescribe the method. A yes/no prompt and a date-of-birth entry are both mechanisms; the regulation does not say which one OCM prefers.
- Pop-ups and banners: §129.2(b)(25) bans unsolicited pop-ups or banners, except on age-restricted websites for people 21 or older who consent to view cannabis-related material. An age gate is part of what makes a site age-restricted.
- Social media works the same way: under §129.2(n), social media advertising goes only where the user verifies they are 21 or older.
Penalty
OCM can fine up to $5,000 per advertising violation (Cannabis Law §16). The actual amount is set case by case. Estimate your exposure.
How CannaComply checks this
The free scan loads your site the way a visitor would and checks whether an age verification prompt blocks the content first. To read the rest of the site it only ever clicks the affirmative answer, and fills date-of-birth gates with an adult date.
Other website rules
- What warning statement does a NY dispensary website need?
- What are the rotating health warnings for NY cannabis advertising?
- How do cannabis warnings have to be displayed on a NY dispensary website?
- Does a NY dispensary website need the HOPEline number?
- Where does a NY dispensary have to show its license number?
Disclaimer: This page explains the published regulation text for general information. It is not legal advice. CannaComply is not affiliated with the New York State Office of Cannabis Management (OCM). OCM interprets and enforces its regulations; consult a qualified cannabis regulatory attorney about your situation.