The New York State Office of Cannabis Management (“OCM”) recently adopted final amendments to Parts 128 and 129 of Title 9 of the New York Codes, Rules and Regulations, governing the packaging, labeling, marketing and advertising of adult-use cannabis products (the “PLMA Regulations”). The Notice of Adoption was published in the Dec. 3, 2025, issue of the New York State Register, and the regulations became effective on that date, subject to certain delayed compliance provisions.

The PLMA Regulations apply broadly across the adult-use cannabis market, including cultivators, processors, distributors, microbusinesses, cooperatives and retail dispensaries, and establish detailed, prescriptive requirements intended to protect public health, reduce youth exposure, and standardize industry practices statewide.

OCM first proposed amendments to Parts 128 and 129 in August 2024 as part of a broader regulatory initiative addressing product safety, environmental sustainability and consumer protection. The proposed rules generated extensive public comment from licensees, trade associations, marketing firms and public health stakeholders.
Following multiple comment periods and revisions, OCM adopted the final rules without substantive changes from the most recently published version. According to OCM, the regulations are intended to clarify compliance expectations and strengthen guardrails for advertising practices, labeling and packaging materials in the adult-use market.

Part 128 establishes uniform retail packaging and labeling standards for adult-use cannabis products. Among other requirements:

• Cannabis products must be sold in child-resistant, tamper-evident packaging that fully encloses the product and preserves product integrity.

• Multi-serving products must be resealable, and packaging materials may not impart harmful substances to the product.

• Plastic retail packaging is generally prohibited unless it contains at least 25% post-consumer recycled content, subject to limited exceptions and documentation requirements.

• Certain licensees must submit and periodically update an environmental sustainability packaging program and report annual packaging metrics to OCM.

Labeling requirements are similarly detailed and include mandated disclosures regarding THC and CBD content, net quantity, ingredients and allergens, expiration dates, storage conditions, processor identification, lot numbers, QR codes linking to certificates of analysis, universal cannabis symbols and rotating health warnings. Required labeling must be legible, in English and printed in at least 6-point font.

Part 129 governs marketing, advertising, signage, discounts and promotional activities related to adult-use cannabis. Key provisions include:

• A broad prohibition on advertising that is attractive to individuals under 21, promotes overconsumption, depicts cannabis use or makes health or wellness claims.

• Strict limitations on outdoor signage, including a prohibition on billboards and vehicle-based advertising.

• Detailed rules governing discounts, loyalty programs and bundled promotions, including restrictions on selling below “market value” and requirements that taxes be calculated on pre-discounted prices.

• Mandatory warning statements for most advertising formats and required inclusion of the New York State HOPEline.

• Recordkeeping obligations requiring licensees to maintain documentation demonstrating advertising compliance.

The regulations also impose specific requirements on social media, digital advertising, branded merchandise, sponsorships and brand representatives, and place responsibility on licensees for ensuring third-party marketing conducted on their behalf complies with the rules.

Although the PLMA Regulations became effective upon publication on Dec. 3, 2025, OCM has provided a six-month delayed compliance period (ending June 3, 2026) for certain packaging and labeling provisions to allow licensees time to transition existing inventory and materials.

Licensees should carefully review Section 128.10, which identifies the provisions subject to delayed enforcement, and should not assume all requirements are deferred.

• The PLMA Regulations impose significant, highly specific compliance obligations across packaging, labeling, marketing and advertising activities.

• Licensees should review existing product packaging, labels, marketing materials, discount programs and advertising placements for compliance well in advance of the delayed enforcement deadline.

• Environmental sustainability requirements and documentation obligations will require coordination with packaging vendors and manufacturers.

• Marketing practices previously permitted under guidance or informal interpretation may now require adjustment or discontinuation.

OCM has indicated it will provide additional guidance and technical assistance to support licensees in implementing the new requirements. In the meantime, licensees should anticipate increased enforcement scrutiny and should take proactive steps to ensure compliance across their operations.

We are closely monitoring regulatory developments and will provide further updates as guidance is issued or enforcement priorities become clearer.