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Recently, New York (NY) States Cannabis Control Board (the Board) took significant steps towards implementing the Marijuana Regulation and Taxation Act. Specifically, on February 17, 2022, the Board approved Medical Cannabis Program regulations to be released for public comment, including proposed marijuana marketing regulations. In addition, on February 22, the NY Governor signed into law a bill that permits farmers to obtain conditional adult-use cultivator and processor licenses to grow, process and distribute cannabis flower products in 2022. With the imminent implementation of NYs recreational Adult-Use Cannabis Program, businesses that are interested in marketing marijuana to NY citizens should consult with knowledgeable marketing attorneys concerning how to meet their statutory compliance obligations.

Marijuana Marketing: Dos and Donts

The Medical Cannabis Program regulations include comprehensive NY marijuana advertising regulations (Section 113.17 Cannabis Marketing and Advertising). While the regulations focus on medical marijuana, many of the advertising regulations will apply to all types of marijuana marketing in NY.

Do. According to NYs Cannabis Marketing and Advertising regulations, marijuana farmers and distributors that participate in marijuana marketing must:

Dont. In contrast, marijuana farmers and distributors must not:

Please note that the Cannabis Marketing and Advertising regulations are proposed legislation right now. Following the public comment period, the NY marijuana marketing and advertising regulations may change and look significantly different from how they do today. In light of these requirements, restrictions and potential changes thereto, it is recommended that marijuana advertisers consult with knowledgeable marketing attorneys concerning how to meet their statutory compliance obligations.

KleinMoynihan Turcomaintains an extensive practice in the fields of Internet and mobile marketing law, consumer data privacy law, sweepstakes and promotions law,fantasy sports and gaming law,intellectual property and general corporate law. If we can be of assistance, please visithttps://kleinmoynihan.comor call us at(212) 246-0900.

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Let's Get into the Weed of It: A Guide to Marijuana Marketing - Lexology