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.
Exact text
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.
What the regulation says
(c) Any advertising or advertisement, except for brand representatives and cannabis merchandise, or except as otherwise approved by the office, must include one of the following warning statements: (1) if the advertising or advertisement contains only visual elements or a combination of audio and visual elements, the following warning statement shall be either included in a conspicuous manner on the face of the advertising or advertisement or clearly read aloud at the same volume and pace and in the same language as the rest of the advertising or advertisement: "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."; or (2) if the advertising or advertisement contains only auditory elements, the following warning statement shall be clearly read aloud at the same volume and pace and in the same language as the rest of the advertising or advertisement: "For persons 21 and older. Keep away from children and pets. If cannabis is accidentally consumed, contact the Poison Center."
9 NYCRR §129.2(c), quoted word for word from OCM’s published text (9 NYCRR Parts 128 & 129, as adopted December 3, 2025, page 19). Checked against the source on October 2, 2026.
What the rule requires
- The statement goes "in a conspicuous manner on the face of" the advertising, or is read aloud at the same volume, pace and language as the rest of it.
- Audio-only advertising uses a shorter statement instead: "For persons 21 and older. Keep away from children and pets. If cannabis is accidentally consumed, contact the Poison Center." That one is not for websites.
- How the warning must look (font, size, yellow box) is set separately by §129.2(e). See the display requirements page.
Older wording to replace
- The text above is the version adopted on December 3, 2025. Wording that mentions "accidental ingestion or overconsumption", or that tells readers to call 1-800-222-1222 or 9-1-1, is not in the adopted text. If your site still shows it, replace it with the statement above.
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 looks for every phrase of the current statement on the pages it reads. When most of the phrases are present but not all of them (older or edited wording), we report a Potential Concern with an update recommended, not a Violation. If the statement is in your site's code but not visible to visitors, we say so instead of calling it missing.
Other website rules
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.