BILL NUMBER: S7572
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the cannabis law, in relation to adult-use cannabis
advertising and marketing
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision b of paragraph 4 of section 86 of the
cannabis law to require that cannabis ads only be placed where 75% of
the audience is reasonably expected to be 21 years of age or older as
determined by commercially available data. It also adds a new subdivi-
sion c to paragraph 4 of section 86 of the cannabis law to require that
all requirements for warnings to be included in audio-only advertise-
ments not exceed more than 15% of an advertisement's total time.
Section 2 provides for the effective date.
 
JUSTIFICATION:
Existing regulations require that cannabis advertisements only be placed
where 90% of the audience are reasonably expected to be 21 years of age
or older. This is overly restrictive and effectively bans advertising on
programs popular with adult audiences. The MRTA did not establish a
specific audience placement standard but did not intend to prevent
adults from receiving important information about licensed and regulated
cannabis businesses. The majority of states authorizing adult-use canna-
bis have adopted a 70-75% audience placement standard. New York should
align itself with these other states by articulating appropriate stand-
ards for advertising by cannabis licensees.
 
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7572: 86 cannabis law, 86(4) cannabis law