Should It Stay or Should It Go? Prohibited Cannabis Billboard Delivers Dilemma on 8th Aven

January 12, 2026

A new billboard finding a home on 8th Avenue is unlikely to make headlines – unless that is, it’s advertising cannabis. The sign bearing a simple message appeared late last year above Beer Authority, in the shadow of the Port Authority Bus Terminal on 8th Avenue and W40th Street.

Indoor Treez billboard near Port Authority
A billboard for Indoor Treez cannabis dispensary sits above Beer Authority at the corner of W40th Street and 8th Avenue. Photo: Phil O’Brien

It reads: “We deliver cannabis,” and gives the opening hours and address of Indoor Treez. And that’s a problem, because billboards advertising cannabis businesses are prohibited under New York State Law. 

In a January 2 email, the NYS Office of Cannabis Management (OCM) reminded dispensary owners of recent amendments to state law that prohibit signs larger than 55 square feet within 100 yards of a licensed business, or 16 square feet when located more than 100 yards away. Indoor Treez sits between W38th and W39th Streets — just a block down 8th Avenue from its new billboard. The email added that all billboards must be removed by February 24, at which point OCM will begin enforcement measures.

Hell’s Kitchen’s first licensed cannabis dispensary, Indoor Treez opened in May 2025, paving the way for five more to follow. After receiving one of the state’s first provisional licenses to sell marijuana in 2022, owners Fikri Nagi and Wesim Alsaidi struggled to find a storefront, telling W42ST in May 2024 that many landlords were unaware cannabis sales had been legalized.

Indoor Treez exterior
Indoor Treez is located across 8th Avenue between W38th and W39th Streets. Photo: Brennan LaBrie

There have been growing pains since cannabis sales were given the green light in New York. Last July, the New York Times reported that more than 100 licensed cannabis dispensaries opened within 500 feet of New York City schools, breaking state law, because OCM regulators were measuring door-to-door and not between property lines. 

On December 16, Manhattan Community Board 4 wrote a letter asking legal cannabis dispensaries in the neighborhood to comply with OCM rules, specifically calling out neon signage, amplified sound outside business premises and advertising near to schools or on city property. 

For now, the billboard remains – and we’ll report back if it’s still standing after February 24. Indoor Treez did not respond to W42ST’s request for an interview.

 

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