Cannabis is one of the most fun things to shoot and one of the easiest to get wrong. New York's Office of Cannabis Management (OCM) has strict rules on what licensed businesses can show in marketing, and a great photo can still break them. Here is what we keep in mind on every cannabis shoot.
Quick note: we are a production company, not lawyers. This is our plain-English read of the adult-use marketing rules in 9 NYCRR Part 129. Rules change, so always check the current version with OCM or your compliance person before you post.
What you can't show
- Smoking or vaping. No imagery or action of smoking or vaping (§129.3(a)(5)).
- Anything aimed at people under 21. No images designed to attract under-21s, no children's or cartoon voices, and no mascots (§129.3(a)(2), (a)(3), (a)(26)).
- Overconsumption or potency. No promoting rapid or heavy use, and no promoting potency or THC concentration (§129.3(a)(7), (a)(8)).
- Health claims. No claims that cannabis cures or treats anything, and no medical symbols (§129.3(a)(6), (a)(22)).
- Deals and freebies. No discounts, coupons, loyalty programs, giveaways or "free" product, with narrow exceptions (§129.3(a)(9), (a)(25)).
- Slang. No words like "weed" or "pot," unless they are part of your licensed business name or logo (§129.3(a)(5)).
- Non-compliant products. Only show products that meet New York's packaging and labeling rules (§129.3(a)(1)).
What every ad needs
- A 21+ audience. Ads can run on social media, TV, radio, print and online, but only with reliable evidence that at least 90% of the audience is 21 or older (§129.2(g)).
- The 21+ statement on the ad or read aloud, including "For use only by adults 21 years of age and older" (§129.2(c)).
- A rotating health warning from OCM's approved set, in bold text in a bright yellow box (§129.2(d), (e)).
- The HOPEline phone number, text number and website or QR code (§129.2(f)).
- Your business name and license number (§129.2(k)).
- An age gate on your website or app (§129.2(l)).
One more that catches people: if a third party markets for you, like a creator or an agency, you are still responsible for making sure it follows the rules (§129.2(m)).
What you can show
A lot, actually. Your storefront and your space. Your team. The people behind the brand and why they started. Compliant packaged products shot clean, like a studio product photo. Behind-the-scenes of how you work. Plenty of brands build a strong feed out of exactly that, without ever showing someone lighting up.
How we shoot cannabis content
We plan every cannabis shoot around these rules before the camera comes out: product shots on clean backgrounds, store and team stories, and edits built to carry the required warnings without looking cluttered. One brand film we made for Platinum Reserve runs on dispensary screens across the country and became the brand's staple piece. Read the full story in our case studies, or see the work on our cannabis content page.
Shooting product only? Our product photography covers THC and CBD product shots too. Single shoots start at $350, and you can get a free quote within 24 hours.
Source: 9 NYCRR Part 129, Adult-Use Marketing and Advertising.
Quick answers
Can New York dispensaries post on social media?
Yes, social media is a permitted channel, but only with reliable evidence that at least 90% of the audience is 21 or older, under 9 NYCRR 129.2(g).
Can cannabis ads show people smoking?
No. New York prohibits the imagery or action of smoking or vaping in cannabis marketing under 9 NYCRR 129.3(a)(5).
Do cannabis ads in New York need a warning?
Yes. Ads need the 21+ statement, a rotating health warning in a bright yellow box, the HOPEline information, and the business name and license number, unless OCM approves otherwise.
Can dispensaries advertise discounts in New York?
Generally no. Price reductions, coupons, loyalty programs and giveaways are prohibited, with narrow exceptions, under 9 NYCRR 129.3(a)(9) and (a)(25).