New York A 8510: Prohibits advertisements on television and radio of cannabis and cannabis products

Bill Text

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A08510 Summary:

BILL NOA08510 

&nbsp

SAME ASSAME AS S08552

&nbsp

SPONSORBrown K

&nbsp

COSPNSRSempolinski, McDonough, DeStefano, Hawley, Mikulin

&nbsp

MLTSPNSR

&nbsp

Amd §§86 & 132, Cannabis L

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Prohibits advertisements on television and radio of cannabis and cannabis products subject to a $5000 fine and license or registration revocation after notice and an opportunity to be heard.

Go to top A08510 Actions:

BILL NOA08510 

&nbsp

05/20/2025referred to economic development

01/07/2026referred to economic development

Go to topA08510 Committee&nbspVotes:

Go to topA08510 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08510 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8510

 2025-2026 Regular Sessions

 IN ASSEMBLY

 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:

 1 Section 1. Subdivisions 2 and 4 of section 86 of the cannabis law are
 2 amended to read as follows:
 3 2. The board shall promulgate regulations for advertising and market-
 4 ing content including but not limited to explicit rules prohibiting
 5 advertising that:
 6 (a) is false, deceptive, or misleading;
 7 (b) promotes overconsumption;
 8 (c) depicts consumption;
 9 (d) is designed in any way to appeal to children or other minors;
 10 (e) is within or is readily observed within five hundred feet of the
 11 perimeter of a school grounds, playground, child day care providers,
 12 public park, or library;
 13 (f) is in public transit vehicles and stations;
 14 (g) is in the form of an unsolicited internet pop-up;
 15 (h) is on publicly owned or operated property;
 16 (i) makes medical claims or promotes adult-use cannabis for a medical
 17 or wellness purpose;
 18 (j) promotes or implements discounts, coupons, or other means of sell-
 19 ing adult-use cannabis products below market value or whose discount
 20 would subvert local and state tax collections;
 21 (k) is in the form of a billboard; [or]
 22 (l) is in the form of a television or radio advertisement; or
 23 (m) fails to satisfy any other advertising or marketing rule or regu-
 24 lations promulgated by the board related to marketing or advertising,
 25 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

 1 4. The board shall promulgate regulations requiring that:
 2 (a) all advertisements and marketing accurately and legibly identify
 3 the party or other business responsible for its content; and
 4 (b) any [broadcast, cable, radio,] print and digital communications
 5 advertisements only be placed where the audience is reasonably expected
 6 to be twenty-one years of age or older, as determined by reliable,
 7 up-to-date audience composition data. The burden of proving this
 8 requirement lies with the party that has paid for or facilitated the
 9 advertisement.
 10 § 2. Section 132 of the cannabis law is amended by adding a new subdi-
 11 vision 9 to read as follows:
 12 9. Any registered organization or licensee who violates paragraph (l)
 13 of subdivision two of section eighty-six of this chapter may be assessed
 14 a civil penalty of up to five thousand dollars for each violation of
 15 such paragraph. Upon a conviction of a third violation of such para-
 16 graph, such registered organization or licensee shall be subject to
 17 registration or license revocation and denial of a future registration
 18 or license applications. Prior to a registration or license being
 19 revoked or a registration or license application being denied under this
 20 subdivision, such registered organization or licensee shall be provided
 21 with a written determination by the office regarding such revocation or
 22 denial after notice and an opportunity to be heard.
 23 § 3. The office of cannabis management shall promulgate rules and
 24 regulations within thirty days of the effective date of thi