Relates to adult-use cannabis advertising and marketing; requires advertisements only be placed where seventy-five percent of the audience is reasonably expected to be twenty-one years of age or older, as determined by commercially available reliable, up-to-date audience composition data; provides that all requirements for warnings to be included in audio only advertisements shall not exceed more than fifteen percent of an advertisement's total time.
S T A T E O F N E W Y O R K
________________________________________________________________________
9502
I N A S S E M B L Y
March 14, 2024
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Economic Development
AN ACT to amend the cannabis law, in relation to adult-use cannabis
advertising and marketing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 86 of the cannabis law is amended
to read as follows:
4. The board shall promulgate regulations requiring that:
(a) all advertisements and marketing accurately and legibly identify
the party or other business responsible for its content; [and]
(b) any broadcast, cable, radio, print and digital communications
advertisements only be placed where SEVENTY-FIVE PERCENT OF the audience
is reasonably expected to be twenty-one years of age or older, as deter-
mined by COMMERCIALLY AVAILABLE reliable, up-to-date audience composi-
tion data USING LOCAL, REGIONAL OR NATIONAL DATA FOR THE PROGRAM OR
PROGRAM FORMAT. IF DATA IS NOT COMMERCIALLY AVAILABLE, A LICENSEE MAY
RELY ON AUDIENCE ESTIMATES FROM THE MEDIA ENTITY TRANSMITTING OR BROAD-
CASTING THE ADVERTISEMENT. The burden of proving this requirement lies
with the party that has paid for or facilitated the advertisement[.];
AND
(C) ALL REQUIREMENTS FOR WARNINGS TO BE INCLUDED IN AUDIO ONLY ADVER-
TISEMENTS SHALL NOT EXCEED MORE THAN FIFTEEN PERCENT OF AN ADVERTISE-
MENT'S TOTAL TIME.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11772-01-3
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