Recent Changes to Advertising Rules for Licensed Cannabis Retailers

Aug. 7th, 2024 11:00 am

Recently, the Cannabis Control Board made some notable changes in how cannabis shops can advertise in New York State. Retailers and retailer-hopefuls had long been frustrated about certain aspects of the regulations on cannabis advertising, believing them to be too restrictive.

What Caused the Stir?

Before this month’s changes, cannabis shops in New York had very strict rules about how they could advertise their products. They couldn’t use certain words or images that might appeal to kids and they couldn’t advertise in places where a lot of young people might see the ads. There were also strict rules on colors that could be used in ads, and on what media ads could be placed.

What Changed?

After the public comment period closes later this summer, and assuming no major changes are made based on those comments, retailers may now add the following to their marketing plans:

• Use of mascots;
• Use of promotional items, such as t-shirts and sandwich boards;
• Use of billboards to promote a retailer’s name, logo, and location; and
• Use of loyalty reward programs.

Another important change is that retailers will also be able to offer discounted products. Retailers believe that while there may be more work to be done to loosen additional restrictions, these recent changes will allow for better competition with illicit shops, and for unique ways to attract new and repeat customers to their shops.

What Didn’t Change?

Untouched by the recently approved changes are the prohibition on neon lighting, the prohibition on advertising that may appeal to people under the age of 21, and the requirement that such businesses use windows that prevent people on the street from seeing into the shop.

For inquiries related to Cannabis/Marijuana Law, please contact Jacob H. Zoghlin, Esq.

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