Let’s get down to business: a guide to marijuana marketing

Recently, the New York State (“NY”) Cannabis Control Board (the “Board”) took significant steps towards implementing the Marijuana Regulation and Taxation Act . Specifically, on February 17, 2022, the Board approved the publication of the Medical Cannabis Program Regulations for public comment, including proposed regulations on the marketing of marijuana. Additionally, on February 22, the Governor of New York signed into law a bill that allows farmers to obtain conditional adult-use grower and processor licenses to grow, process, and distribute cannabis flower products. in 2022. Cannabis Program, companies wishing to market marijuana to New York citizens should consult with competent marketing attorneys on how to meet their legal compliance obligations.

Marijuana Marketing: Do’s and Don’ts

The Medical Cannabis Program Regulations include comprehensive regulations on marijuana advertising in New York (Section 113.17 “Cannabis Marketing and Advertising”). While the regulations focus on medical marijuana, many advertising regulations will apply to all types of marijuana marketing in New York.

Do. According to New York’s Cannabis Marketing and Advertising Regulations, growers and distributors of marijuana who participate in the marketing of marijuana must:

  1. Use true and accurate statements regarding product efficacy, side effects, consequences, or contraindications, if such statements are included in their advertising; and
  2. Clearly and legibly identify the party or parties responsible for these advertisements.

No. However, producers and distributors of marijuana must not:

  1. Post obscene, unproven, false or misleading advertisements;
  2. Falsely denigrate competitors’ products;
  3. Promote overconsumption;
  4. Advertise to minors, including using images of minors and shapes, symbols or language usually associated with people under the age of 18 (for example, candy and cartoons);
  5. Offer prizes, rewards or incentives to certified patients, designated caregivers or practitioners related to the purchase of medical cannabis products;
  6. Suggest that entities or products have been approved by the State of New York or any entity associated with it;
  7. Locate marijuana advertisements: (1) indoors or visible from 500 feet from school grounds; (2) on or in transit vehicles or stations; (3) in unsolicited Internet pop-ups; or (4) on billboards; Where
  8. Advertise cannabis or cannabis-based devices outside physical structures or business vehicles (for example, a store) unless prior written approval is received from the Office of Cannabis Management.

Please note that the Cannabis Marketing and Advertising Regulations are currently draft legislation. After the public comment period, New York City marijuana marketing and advertising regulations may change and be significantly different than they are today. In light of these requirements, restrictions, and potential changes, it is recommended that marijuana advertisers consult with competent marketing attorneys on how to meet their legal compliance obligations.

Klein Moynihan Turco maintains an extensive practice in the areas of internet and mobile marketing law, consumer data privacy law, lottery and promotions law, gaming and fantasy sports law, intellectual property and general corporate law. If we can help you, please visit https://kleinmoynihan.com or call us at (212) 246-0900.

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