Text your customers within New York’s cannabis advertising rules

New York has an adult-use and medical cannabis program

Retail licensing and advertising rules are enforced by the New York State Office of Cannabis Management. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These New York rules bear on texting customers

Cannabis giveaways are not allowed, and OCM lists game-style price promotions such as spin-the-wheel or scratch-offs as prohibited.

• Ads only where the 21+ share of the audience meets or exceeds the state's 21+ population share, and the licensee carries the burden of proof (9 NYCRR 129.2(g)).
• OCM applies the audience test to electronic communications (OCM, Part 129 Marketing and Advertising Guidance (Audience Composition Requirements)).
• OCM's worked example from 2023 Census data puts the adult audience threshold at 75.9 percent, and says the figure may change as data are updated (OCM, Part 129 Marketing and Advertising Guidance (FAQ: audience composition threshold)).
• Discount, coupon and loyalty offers may be advertised off-premises by electronic communications such as email or SMS (OCM, Part 129 Marketing and Advertising Guidance (Promotional Pricing Advertisement Requirements), implementing 9 NYCRR 129.3).
• No giveaways of free or donated adult-use cannabis (9 NYCRR 129.3(a)).
• No gamified price promotions such as spin-the-wheel or scratch-off offers that may appeal to under-21s (OCM, Part 129 Marketing and Advertising Guidance (Examples of Prohibited Promotional Pricing Practices)).
• Visual ads must carry the 21+ warning statement (and a rotating health warning under 129.2(d)) (9 NYCRR 129.2(c)(1)).
• Ads must include the NYS HOPEline contact details, and the licensee's name and license number (9 NYCRR 129.2(f) and (k)).
• No medical or wellness claims for adult-use cannabis (9 NYCRR 129.2(b)(9)).
• No content attractive to people under 21 (9 NYCRR 129.2(b)(1)).

Start with consent, your store name and an opt-out line

• Text only people who opted in, and keep the record of when and how they did. Our guide to SMS opt-in and consent for dispensaries covers what to record.
• Put your store name first and an opt-out line on every text.
• Keep product details, prices and offers on an age-gated page rather than in the text, and check the wording against our list of banned words in cannabis texts.

Sticky SMS, by Sticky Cards, the loyalty and marketing platform for cannabis dispensaries, files your 10DLC registration with The Campaign Registry, with no charge for the number or the registration, and most stores are live in 1 to 2 days. How New York’s rules apply to your program stays with you and your counsel.

Work with Sticky Cards in New York

• Run a dispensary, CBD or vape shop in New York? Book a demo to see Sticky SMS.
• Run a texting agency in New York? Sticky Cards is looking for expert texting partner agencies in New York. Email support@stickycards.co to talk about working together.