Relates to adult-use cannabis advertising and marketing; requires advertisements only be placed where seventy-five percent of the audience is reasonably expected to be twenty-one years of age or older, as determined by commercially available reliable, up-to-date audience composition data; provides that all requirements for warnings to be included in audio only advertisements shall not exceed more than fifteen percent of an advertisement's total time.
STATE OF NEW YORK
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7572
2023-2024 Regular Sessions
IN SENATE
June 7, 2023
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the cannabis law, in relation to adult-use cannabis
advertising and marketing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 86 of the cannabis law is amended
2 to read as follows:
3 4. The board shall promulgate regulations requiring that:
4 (a) all advertisements and marketing accurately and legibly identify
5 the party or other business responsible for its content; [and]
6 (b) any broadcast, cable, radio, print and digital communications
7 advertisements only be placed where seventy-five percent of the audience
8 is reasonably expected to be twenty-one years of age or older, as deter-
9 mined by commercially available reliable, up-to-date audience composi-
10 tion data using local, regional or national data for the program or
11 program format. If data is not commercially available, a licensee may
12 rely on audience estimates from the media entity transmitting or broad-
13 casting the advertisement. The burden of proving this requirement lies
14 with the party that has paid for or facilitated the advertisement[.];
15 and
16 (c) all requirements for warnings to be included in audio only adver-
17 tisements shall not exceed more than fifteen percent of an advertise-
18 ment's total time.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11772-01-3
