Cannabis · NY
Cannabis TV advertising in New York
Yes, under some of the most detailed rules in the country. New York treats streaming media as advertising. The audience must be reasonably expected to be 21 or older at a rate at least equal to the state's 21+ population share, which OCM's guidance puts at 75.9% based on 2023 Census estimates. A TV ad also needs the required warning, a rotating warning, the HOPEline and the licensee's name and license number.
At a glance
- Program
Adult-use and medical
- 21+ audience
At least the state's 21+ population share from the latest Census estimates (75.9% in OCM's guidance, based on 2023 data)
- Required warning
Yes, shown conspicuously on screen or read aloud, plus one rotating warning
- HOPEline
Required
- Name and license number in the ad
Required, accurately and legibly
- Records
Keep proof of compliance for 5 years
What this means for a streaming TV spot
- New York's rules name streaming media as advertising, so every rule here applies to a streaming spot.
- Prove the 21+ share for each placement and daypart you buy; a primetime audience doesn't prove a daytime one.
- Build the 21+ warning into the spot, on screen or in the voiceover, with the rotating warning, the HOPEline and the licensee's name and license number.
- Cast adults 25 or older, and show no consumption, smoking or vaping.
- Any landing page the ad points to needs a 21+ age gate.
Required warnings
Required warning (visual and audiovisual ads)
On screen or spoken
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.
Show it conspicuously on screen, or read it aloud clearly at the same volume, pace and language as the rest of the ad.
Rotating warning
Delivery not specified in the rule
One rotating warning per ad from the list in 9 NYCRR § 129.2(d), such as "Cannabis can be addictive.", with the warnings rotated evenly across your ads.
NYS HOPEline
Delivery not specified in the rule
Call 1-877-8-HOPENY (1-877-846-7369), text HOPENY (467369), or visit oasas.ny.gov/hopeline (a QR code is allowed), presented as a substance-use resource.
OCM's guidance exempts audio-only ads.
License disclosure
Every ad must accurately and legibly include the licensee's name and license number, and the licensee is responsible for agencies acting on its behalf.
What you can't run
Content that appeals to people under 21 or shows them using cannabis, including cartoons, mascots, imitations of candy, soda or cereal, the word 'candy', youth-oriented symbols or games, children's or cartoon voices, and people who look under 21 unless they are at least 25.
False or misleading content, promoting overconsumption, and depicting consumption.
Medical or wellness claims, medical symbols, and potency claims.
Smoking or vaping imagery.
Claiming cannabis is safe because it is regulated.
Encouraging transport of cannabis across state lines.
Targeting rules
Websites and apps need a 21+ age gate.
Social media ads may go only to users verified as 21 or older.
Unsolicited pop-up and banner ads are allowed only on age-restricted sites.
Medical
Medical Registered Organizations follow 9 NYCRR § 113.17: at least 90% of a TV, radio or internet audience must be 21 or older, ads carry a medical-specific warning, on-screen talent must be real patients, caregivers or practitioners aged 25 or older, and ads must fairly balance benefits and risks. Amendments to Part 113 were proposed March 25, 2026 and have not been adopted.
Hemp-derived THC
Cannabinoid hemp ads may not make health claims, suggest the product is cannabis, or target or appeal to people under 21. New York also caps oral hemp products at 1 mg THC per serving and 10 mg per package.
Recent and upcoming changes
Amendments effective December 3, 2025 replaced the old 90% audience threshold with the population-share test, added the HOPEline and revised the warning text.
Bills S8552 and A8510 would ban cannabis advertising on TV and radio. Both were in committee as of January 7, 2026.
How we run it
01
Market
Adult-use and medical cannabis are both legal, regulated by the Office of Cannabis Management.
02
Inventory
We buy only apps and channels that accept cannabis ads.
03
Audience
The audience must be reasonably expected to be 21 or older at a rate that meets or exceeds the state's 21+ population share in the latest U.S. Census Bureau annual estimates. OCM's guidance gives 75.9% (2023 data) and says licensees must use the most recent data. Proof must be audience data for the specific media unit, such as an ad agency's audience composition data or age analytics; statewide demographics don't count, and one daypart's audience doesn't prove another's.
04
Creative & claims
Required warning (visual and audiovisual ads); Rotating warning; NYS HOPEline
Sources
- Office of Cannabis Management (OCM)
- 9 NYCRR Parts 128–129 (as amended Dec. 3, 2025)
- Cannabis Law § 86
- OCM Part 129 guidance
- NYS HOPEline
- 9 NYCRR § 125.13
- 9 NYCRR § 113.17
- OCM proposed Part 113 amendments
- 9 NYCRR § 114.12
- OCM permitted and prohibited product forms
- OCM packaging, labeling, marketing and advertising (PLMA) rules
- S8552 (2025–26)
- A8510 (2025–26)
Questions
Can New York dispensaries advertise on streaming TV?
Yes. Streaming media is covered by OCM's advertising rules, so the ad must meet the 21+ audience test and carry the required warnings, the HOPEline and the licensee's name and license number.
What is New York's 21+ audience threshold?
At least the state's 21+ population share in the latest Census estimates. OCM's guidance gives 75.9%, based on 2023 data, and licensees must use the most recent figure.
Does the warning have to be read aloud?
Either. Show it conspicuously on screen, or read it aloud at the same volume, pace and language as the rest of the ad.
Is New York banning cannabis TV ads?
Not today. Bills S8552 and A8510 would ban cannabis TV and radio ads; both were in committee as of January 7, 2026.
Same rates. Extra care
Published rates, and the cannabis review built into the timeline.
Last reviewed 2026-10-17.
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