On March 30, 2021, the Marijuana Regulation and Taxation Act (MRTA) was passed by the New York State Assembly and Senate, and signed into law the following day. The new law legalized the possession and consumption of cannabis in the State of New York. Upon passage, it made it possible for adults (21 and over) to possess as much as 3 ounces of cannabis or 24 grams of concentrated cannabis. Other provisions allow for the possession of up to 5 pounds of cannabis in the home, as well as three mature and three immature cannabis plants per individual (maximum of twelve plants per residence). The law also expunged criminal convictions for cannabis related crimes.

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Of course, New York has a long history of marijuana criminalization and legalization, with many key moments along the way. It was way back in 1914 that the first cannabis restrictions were put in place, making it necessary to have a prescription for its use. At the time, it was still relatively new to the region, and the law did not command a lot of notice, as one historical study only found four mentions of the plant in a major newspaper between 1914 and 1927, when the state fully criminalized cannabis and removed the medical exception.

Despite the prohibition, over the next several decades, cannabis farms gradually increased in numbers, until an order went out in 1951 to destroy the estimated 40,000 pounds of weed growing in the five boroughs. It is guessed that millions of dollars worth of cannabis plants were discovered and destroyed as part of the campaign to eliminate cannabis use in the city. It was during this time that the gateway drug theory became prevalent, which fueled an increase in the severity of cannabis laws, with longer sentences and higher fines.

New York became one of the first states to begin a trend towards decriminalization of the plant in 1977, when they reduced the infraction for possessing under 7/8 of an ounce to a 100 dollar fine. However, because it was still considered a misdemeanor to possess cannabis in public view, when aggressive policing policies became the norm in the nineties, this loophole was used to arrest more than half a million people between 1997 and 2010.

A few years later, in 2014, medical marijuana was legalized in the State of New York. The new law allowed for five contracts to be signed with cannabis growers, with each one permitted to operate four dispensaries in the state. In 2021, the New York state medical program had enrolled 3,455 medical practitioners and 151,284 patients under the new provisions.

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As of this writing, the regulations for producing and selling cannabis are not yet in place. The estimated timetable currently is early 2023, so we're still a year away from buying recreational cannabis in New York City.

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WHAT ARE THE CANNABIS ADVERTISING RULES IN NEW YORK?

New York's recreational cannabis market is still under development, so when it comes online in 2023 (estimated) there will almost certainly be more specific and most likely stricter marketing regulations in place, but for now it is instructive to look at the advertising rules currently in effect as part of the state's medical marijuana program. It should be noted that as of right now, licensed medical cannabis operators cannot advertise or promote cannot for recreational use.  

Current New York cannabis advertising rules can be found in in section 113.17 (Cannabis Marketing and Advertising) of the Medical Cannabis Program, as well as in Section 86 (Adult-use cannabis advertising and marketing) of the N.Y. Cannabis Law. Among the provisions, it is strictly prohibited to use advertising that:
 

• is false, deceptive, or misleading

• promotes over consumption

• depicts consumption

• is designed in any way to appeal to children or other minors

• is within or is readily observed within five hundred feet of the perimeter of a school grounds, playground, child day care providers, public park, or library

• is in public transit vehicles and stations

• is in the form of an unsolicited internet pop-up

• is on publicly owned or operated property

• makes medical claims or promotes adult-use cannabis for a medical or wellness purpose

• promotes or implements discounts, coupons, or other means of selling adult-use cannabis products below market value or whose discount would subvert local and state tax collections, or

• is in the form of a billboard

It should be noted that many of the above prohibitions are among our recommended best practices for cannabis businesses in any state, especially the first five rules listed.

NEW YORK CANNABIS PHOTOGRAPHY AND VIDEOGRAPHY