STATE OF NEW YORK ________________________________________________________________________ 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