New York’s updated Packaging, Labeling, Marketing, and Advertising (“PLMA”) rules that went into effect December 3, 2025, just turned a lot of “normal” retail behavior into tightly regulated advertising.  For adult‑use dispensary owners, this is not a minor update—it’s a new playbook—it hits everyday operations: marketing, discounts, loyalty, and signage.  From the perspective of a New York cannabis lawyer, here are some quick take-aways (this is not intended in any way as legal advice, only informational):

1. Treat almost everything as “advertising”

• New York now treats a wide range of activity as advertising, not just obvious billboards or Instagram ads. Discounts, loyalty programs, brand‑rep days, email/SMS campaigns, event sponsorships, murals, and even some merchandise can all be treated as ads if they are meant to drive sales or brand awareness.
• For a retail dispensary, that means:
  • Your website and online menu are ads.
  • Promotions, loyalty points, “VIP” or member pricing are ads.
  • Brand days, pop‑ups, and sponsored events are ads.
• If it helps sell cannabis or your brand, a New York cannabis attorney can review your materials and advise you in your compliance.

2. Clean up content and placement—fast

• Part 129 now sets stricter guardrails on what you can say and where you can say it. That includes:
  • No content that appeals to people under 21, and no depictions of under‑21 use.
  • No depicting consumption, smoking, or vaping in your marketing.
  • No medical or wellness claims, and no potency hype as the main selling point.
  • No ads in sensitive locations such as schools, parks, libraries, transit, public property, or in the form of billboards.
• Every visual, caption, menu banner, and campaign should be screened for youth appeal, consumption imagery, potency emphasis, and implied health benefits.

3. Use discounts and loyalty—with the right guardrails

• The good news: New York now clearly allows discounts, coupons, loyalty programs, and bundles for adult‑use dispensaries. The catch is in the details:
  • You can’t sell below a defined “market value” floor based on your wholesale cost.
  • Taxes must be calculated on the pre‑discount price.
  • You can only advertise these offers through specific channels and cannot slap them onto product labels as promo stickers.
• Done correctly, a compliant discount and loyalty strategy is now a legitimate competitive tool—not a violation waiting to happen. A business‑savvy New York cannabis lawyer can help you design programs that move product and still respect the rules.

What smart dispensary owners should do next

To stay ahead, retail operators should:

• Redefine “advertising” in their SOPs to include promotions, loyalty, and events.
• Run a quick audit of website, socials, in‑store materials, and promotions for obvious red flags.
• Rebuild discounts and loyalty programs so they fit inside the new pricing and tax rules, with clear documentation.

If you own or operate a New York dispensary and want to turn these changes into a strategic advantage instead of a compliance risk, it’s a good time to sit down with an experienced New York cannabis lawyer. A focused review of your marketing, signage, and promotions is almost always cheaper—and far less stressful—than dealing with avoidable enforcement.

To speak to a New York cannabis attorney at no cost or obligation, call us at (212) 688-8944, or use the form to contact us.