Op-ed: Banning weed ads on NYC’s subway makes no sense

new york subway cannabis advertising is banned

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Seven years ago, New York’s Metropolitan Transportation Authority (which oversees New York’s subways and commuter lines) banned alcohol advertising on subways, citing health concerns and youth exposure. Now, they’re considering reversing that decision – for the money. According to a recent article in Gothamist, the agency is re-evaluating the ban in light of declining ad revenue. The hypocrisy here isn’t just in the about-face on alcohol. It’s in what’s still left out of the conversation: cannabis.

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 As someone who works in PR and marketing in the cannabis industry, I’ve been watching the state’s evolving approach to advertising with deep frustration. At a time when New York’s adult-use cannabis market is finally finding its footing, the idea that we might reintroduce ads for alcohol – but continue to block cannabis – sends a clear and disappointing message: the state is still not serious about supporting its own legal cannabis industry. 

Let’s be clear: every product sold in New York’s regulated cannabis market is grown, processed, and sold in New York. We’re talking about a supply chain that supports New York farmers, New York manufacturers, and New York small business owners. Alcohol ads, on the other hand, overwhelmingly promote products manufactured out of state or out of the country by global conglomerates. So when the MTA says it’s open to alcohol ads again, it’s signaling a willingness to sell out public health and local economic growth, all for the benefit of Budweiser, Bacardi, and Diageo. 

Meanwhile, cannabis businesses – many of which are locally owned, equity-led, and committed to social justice – are still being told to sit quietly on the sidelines. Under current state rules, cannabis companies face extraordinary restrictions on how and where they can advertise. They can’t buy billboard space near major highways, can’t advertise on social media without being shadowbanned or deplatformed, and they certainly can’t advertise on the subway. Even when brands go out of their way to follow the rules, they often find their campaigns blocked by vague standards or overly cautious media buyers.

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This double standard is more than just frustrating – it’s counterproductive. The legal cannabis market in New York is still competing against a massive, entrenched illicit market. Without the ability to advertise, legal dispensaries can’t educate consumers, can’t build trust, and can’t differentiate their offerings from unlicensed operators. This isn’t just a branding problem; it’s a public safety problem.

 New York’s cannabis regulators have consistently said they want to build the most equitable and socially responsible cannabis market in the country. That’s a great goal. But it requires more than platitudes. It requires giving legal operators the tools they need to succeed – and advertising is one of the most fundamental tools in the box.

The irony is that I’ve helped open more than 30 dispensaries across New York. I’ve worked with brands big and small. And I’ve seen firsthand the creativity, the entrepreneurship, and the values that drive this industry. These are not shady players looking to exploit kids or glamorize drug use. These are New Yorkers who care about wellness, education, and economic empowerment. Many are people of color. Many are women. Many are formerly incarcerated. And all of them are trying to follow the rules in a system that keeps shifting beneath their feet.

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If the MTA is willing to reconsider its alcohol ad ban to bring in revenue, why not extend that same flexibility to cannabis – an industry that’s already generating millions in tax revenue and creating jobs across the state? Imagine what subway ads could mean for a small dispensary in Brooklyn or a cultivator in the Finger Lakes. Imagine how a well-designed campaign could help consumers better understand the legal products available to them – products that are tested, regulated, and safer than what’s being sold on the corner.

This isn’t about promoting cannabis to kids or flooding the city with pot leaf imagery. It’s about creating reasonable, responsible pathways for legal businesses to market themselves. It’s about treating cannabis like the legal industry it now is. And yes, it’s about fairness. Because if the MTA is willing to plaster the walls of the subway with ads for tequila, hard seltzers, and ready-to-drink cocktails, it’s time to let cannabis have a seat at the table too.

New York deserves better than a double standard. Let’s stop pretending that cannabis is some dangerous outlier and start recognizing it for what it is: a legal, homegrown industry with the potential to uplift communities, generate wealth, and yes, help fill those MTA coffers—with a little more integrity than a vodka ad.

Jordan Isenstadt Jordan Isenstadt is a senior vice president at Marino PR and founded the agency’s cannabis practice seven years ago. Isenstadt previously worked for the New York State Senate and the Executive Chamber.


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