Can My Dispensary Have a Billboard in New York? (OCM Rules Explained)

Can My Dispensary Have a Billboard in New York? (OCM Rules Explained)

Billboards are prohibited under 9 NYCRR Part 129. Outdoor signs over 55 sq ft within 100 yards or 16 sq ft beyond 100 yards qualify as billboards and must be removed by Feb 24, 2026.

Billboard Advertising Is Prohibited

Adult-use cannabis advertising may not be in the form of a billboard.

Under 9 NYCRR Part 129:

Advertising "shall not... be in the form of a billboard."

This applies to all adult-use cannabis licensees.

There are no exceptions for branding, awareness campaigns, or directional advertising.

What Counts as a Billboard

Under 9 NYCRR Part 128 (Definitions), a billboard is an outdoor advertisement that:

  • Is more than 55 square feet if located within 100 yards of the licensed premises; or
  • Is more than 16 square feet if located more than 100 yards from the licensed premises.
  • part-128-part-129

If an outdoor sign meets either threshold, it qualifies as a billboard.

February 24, 2026 Removal Deadline

The Office of Cannabis Management (OCM) has reminded licensees that billboard advertising must be removed by:

February 24, 2026

After this date, OCM may take additional enforcement action for noncompliance.

What Outdoor Signs Are Allowed

Outdoor signs may be used only if they comply with 9 NYCRR §129.4.

Permitted outdoor signs must:

  • Not qualify as a billboard
  • Contain limited information such as:
    • Licensee name
    • Address
    • Phone number, email, website
    • Directions
    • Licensed activity
  • Not be attractive to individuals under 21
  • Comply with applicable municipal signage laws
  • part-128-part-129

Enforcement

Under 9 NYCRR §129.5, the Office may:

  • Require removal of noncompliant advertising
  • Impose fines
  • Recommend suspension, cancellation, or revocation of a license

Licensees are responsible for advertising placed by third parties on their behalf.

Related Pages

Source Material

Adult-Use Packaging and Labeling (Definitions of Billboard)

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