New York subway bans cannabis advertising

In anticipation of the future Legalization of cannabis in New York State, all cannabis-related advertising is explicitly prohibited under the guidelines recently published by the New York Metropolitan Transportation Authority (MTA). This is the first time the agency has included a ban on cannabis advertising in its regulations, as the state did not approve its legalization until April.

The proposal was included in a summary from the MTA Board of Directors meeting in November 2021 in response to «recent developments regarding the decriminalization of cannabis» in the’Empire State. The guidelines also include a ban on advertisements for «hallucinogenic mushrooms or products related to hallucinogenic mushrooms.»

Possession and use of psilocybin remain criminal offenses in New York. However, in neighboring New Jersey, Governor Phil Murphy signed a bill in February reducing penalties for the possession of psilocybin mushrooms without legalizing these products for therapeutic or recreational use in the state.

In March, a bill was introduced to Decriminalize psychedelic mushrooms in New York. This bill is still under consideration by the House of Representatives Health Committee.

The MTA has already banned tobacco and alcohol advertisements in the sectors it oversees since 2017.

The new rules also include a ban on sex-related advertisements, including «sex toys» and «sexual enhancement products,» and prohibit any advertisement that «depicts, refers to, or contains symbols or images reasonably understood to depict or evoke feces, urine, semen, orgasms, erections, or sexual activity, excluding kissing,» the guidelines state. These changes follow a lawsuit challenging the MTA’s justification for banning an advertisement promoting sexual products while allowing advertisements for a medication to treat erectile dysfunction.

The new rules took effect on November 17.