S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8510
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Economic Development
 
 AN  ACT to amend the cannabis law, in relation to prohibiting advertise-
   ments on television and radio of cannabis and cannabis products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 4 of section 86 of the cannabis law are
 amended to read as follows:
   2. The board shall promulgate regulations for advertising and  market-
 ing  content  including  but  not  limited to explicit rules prohibiting
 advertising that:
   (a) is false, deceptive, or misleading;
   (b) promotes overconsumption;
   (c) depicts consumption;
   (d) is designed in any way to appeal to children or other minors;
   (e) is within or is readily observed within five hundred feet  of  the
 perimeter  of  a  school  grounds, playground, child day care providers,
 public park, or library;
   (f) is in public transit vehicles and stations;
   (g) is in the form of an unsolicited internet pop-up;
   (h) is on publicly owned or operated property;
   (i) makes medical claims or promotes adult-use cannabis for a  medical
 or wellness purpose;
   (j) promotes or implements discounts, coupons, or other means of sell-
 ing  adult-use  cannabis  products  below market value or whose discount
 would subvert local and state tax collections;
   (k) is in the form of a billboard; [or]
   (l) IS IN THE FORM OF A TELEVISION OR RADIO ADVERTISEMENT; OR
   (M) fails to satisfy any other advertising or marketing rule or  regu-
 lations  promulgated  by  the board related to marketing or advertising,
 not inconsistent with this chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11694-02-5
              

 A. 8510                             2
 
   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 the audience is reasonably expected
 to be twenty-one years of age  or  older,  as  determined  by  reliable,
 up-to-date  audience  composition  data.  The  burden  of  proving  this
 requirement lies with the party that has paid  for  or  facilitated  the
 advertisement.
   § 2. Section 132 of the cannabis law is amended by adding a new subdi-
 vision 9 to read as follows:
   9.  ANY REGISTERED ORGANIZATION OR LICENSEE WHO VIOLATES PARAGRAPH (L)
 OF SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS CHAPTER MAY BE ASSESSED
 A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS  FOR  EACH  VIOLATION  OF
 SUCH  PARAGRAPH.  UPON  A  CONVICTION OF A THIRD VIOLATION OF SUCH PARA-
 GRAPH, SUCH REGISTERED ORGANIZATION OR  LICENSEE  SHALL  BE  SUBJECT  TO
 REGISTRATION  OR  LICENSE REVOCATION AND DENIAL OF A FUTURE REGISTRATION
 OR LICENSE APPLICATIONS.   PRIOR TO  A  REGISTRATION  OR  LICENSE  BEING
 REVOKED OR A REGISTRATION OR LICENSE APPLICATION BEING DENIED UNDER THIS
 SUBDIVISION,  SUCH REGISTERED ORGANIZATION OR LICENSEE SHALL BE PROVIDED
 WITH A WRITTEN DETERMINATION BY THE OFFICE REGARDING SUCH REVOCATION  OR
 DENIAL AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD.
   §  3.    The  office of cannabis management shall promulgate rules and
 regulations within thirty days of the effective date of this section  to
 effectuate the provisions of this act and to ensure registered organiza-
 tions  and  licensees  who  violate  paragraph  (l)  of subdivision 2 of
 section 86 of the cannabis law are provided with notice, an  opportunity
 to  be heard, and a written determination issued by the office of canna-
 bis management prior to the revocation or denial of  a  registration  or
 license.
   §  4.    This  act  shall  take effect immediately; provided, however,
 sections one and two of this act shall take effect on the thirtieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.