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ARTICLE · 01 MARCH 2022

New NY Marijuana Advertising Regulations

Klein Moynihan Turco LLP
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On February 17, 2022, the New York ("NY") State Cannabis Control Board approved the filing of proposed Medical Cannabis Program regulations to be released for public comment.

United StatesCannabis & Hemp
David O. Klein
David O. Klein
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On February 17, 2022, the New York ("NY") State Cannabis Control Board approved the filing of proposed Medical Cannabis Program regulations to be released for public comment. The regulations implement various aspects of the Marijuana Regulation and Taxation Act. Of note, the law includes comprehensive NY marijuana advertising regulations. While medical marijuana cannot be advertised for recreational use and New York's Adult-Use Cannabis Program is still being developed, many of these advertising regulations will apply to future NY marijuana marketing in general. 

New Requirements for NY Marijuana Advertising

The NY marijuana advertising rules are located in section 113.17 ("Cannabis Marketing and Advertising") of the Medical Cannabis Program. The regulations include standard advertising laws, such as the prohibition on publishing obscene, false, and misleading advertisements. Further, the statute specifies that all cannabis advertisements "that make a statement

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