S3945

An Act concerning hemp and intoxicating hemp beverages, and amending P.L.2025, c.215.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 8 of P.L.2025, c.215 (C.2C:35-10f) is amended to read as follows:

8. a. On or after April 13, 2026, or unless otherwise authorized by law, it shall be unlawful to sell, offer for sale, or distribute any of the following:

(1) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of 0.3 percent in the plant on a dry weight basis;

(2) any intermediate hemp-derived product containing:

(a) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

(b) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured; or

(c) more than 0.3 percent combined total of total tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as tetrahydrocannabinol, as determined by the United States Secretary of Health and Human Services;

(3) any intermediate hemp-derived cannabinoid product that is marketed or sold as a final product or directly to an end consumer for personal or household use;

(4) any final hemp-derived cannabinoid products containing:

(a) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;

(b) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured outside the plant; or

(c) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured outside the plant by any other prohibited synthesis methodology, as identified by the Cannabis Regulatory Commission;

(d) greater than 0.4 milligrams combined total per container of total tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as tetrahydrocannabinol, as determined by the United States Secretary of Health and Human Services; or

(5) any cannabinoid product marketed, labeled, or represented as hemp that exceeds the federally defined THC level for hemp.

Notwithstanding the above, until November 13, 2026, a licensed hemp producer may possess or transport an intermediate hemp-derived cannabinoid product with a THC concentration exceeding 0.3 percent, provided that: (1) such material is undergoing processing and not intended for direct consumer use; (2) the material is handled under regulations set by the Cannabis Regulatory Commission for safety and security; and (3) any final hemp-derived cannabinoid product processed therefrom and distributed or sold does not exceed the legal THC limits set forth herein.

b. It shall be unlawful to sell, offer for sale, or distribute any intoxicating hemp beverage or any hemp-derived cannabinoid product through online retail sale.

c. It shall be unlawful to dispense, distribute, sell, or offer for sale any intoxicating hemp beverage from a vending machine. In addition to the penalties established pursuant to this section and N.J.S.2C:35-5, a person who violates this subsection shall be liable to a civil penalty of not less than $100 for each container of any such beverage. The penalty prescribed by this section shall be collected and enforced by summary proceedings under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

d. (1) The sale, offer for sale, or distribution of any substance or product in violation of this section shall be subject to the same criminal penalties established for marijuana pursuant to N.J.S.2C:35-5.

(2) In addition to the penalties established pursuant to N.J.S.2C:35-5, a person who sells, offers for sale, or distributes any substance or product in violation of subsection a. of this section shall be liable to a civil penalty of not less than $100 for the first violation, not less than $1,000 for the second violation, and not less than $10,000 for the third and each subsequent violation. Each day during which a violation continues shall constitute a separate and distinct offense. The penalty prescribed by this section shall be collected and enforced by summary proceedings under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Nothing in this section shall be construed to prohibit the imposition of multiple fines for a single violation as a penalty for the sale or distribution of more than one substance or product in violation of this section.

(3) The sale, offer for sale, or distribution of any substance or product in violation of this section shall be subject to the enforcement provisions and remedies set forth in section 9 of P.L.2025, c.215 (C.2C:35-10i).

The imposition of any fine or other remedy under P.L.2025, c.215 shall not preclude prosecution for a violation of the criminal laws of this State.

(cf: P.L.2025, c.215, s.8)

2. Section 11 of P.L.2025, c.215 (C.24:6I-48.6) is amended to read as follows:

11. a. (1) Notwithstanding the provisions of section 8 of P.L.2025, c.215, the holder of any valid and unrevoked plenary wholesale license or plenary retail distribution license, as such terms are defined in R.S.33:1-11 and R.S.33:1-12, may sell intoxicating hemp beverages until November 13, 2026; after which date, the holder shall be subject to the penalties and prohibitions established in section 8 of P.L.2025, c.215.

(2) Notwithstanding the provisions of section 8 of P.L.2025, c.215, a person or entity that is licensed by the Cannabis Regulatory Commission in accordance with P.L.2021, c.16 (C.24:6I-31 et al.) may sell intoxicating hemp beverages until November 13, 2026, after which date, the person or entity shall be subject to the penalties and prohibitions established in section 8 of P.L.2025, c.215.

b. (1) (a) [Any intoxicating hemp beverage distributed, sold, or offered for sale in this State pursuant to paragraph (1) of subsection a. of this section shall be stored or displayed in a place that is not accessible to customers without the assistance of an employee of the establishment.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(b) [Notwithstanding subparagraph (a) of this paragraph, intoxicating] Intoxicating hemp beverages sold, distributed, or offered for sale pursuant to [subparagraph] paragraph (1) of subsection a. of this section may be stored or displayed in a place accessible to customers and may be accessed without the assistance of an employee of the establishment only if:

(i) the establishment posts conspicuous notice at the place of storage or display indicating to customers that the products are intoxicating hemp beverage beverages and may only be purchased by a person 21 years of age or older;

(ii) the establishment actively monitors the place of storage or display;

(iii) an employee of the establishment confirms at the point of sale that the customer is 21 years of age or older and understands that they are purchasing an intoxicating hemp beverage; and

(iv) the establishment complies with any other requirements as may be established by rule by the Division of Alcoholic Beverage Control, in consultation with the Cannabis Regulatory Commission.

(c) Intoxicating hemp beverages sold, distributed, or offered for sale pursuant to subsection a. of this section that contain more than 10 milligrams of total tetrahydrocannabinol per container with a serving size of 10 milligrams or more of total tetrahydrocannabinol per serving shall, as manufactured, feature resealable packaging.

c. (1) The provisions of Title 33 of the Revised Statutes and the rules and regulations promulgated thereunder shall apply to the sale or distribution of intoxicating hemp beverages by any person or entity licensed pursuant to the provisions of Title 33 of the Revised Statutes;

(2) Nothing contained in P.L.2025, c.215 shall be construed to preclude the Division of Alcoholic Beverage Control from exercising the authority to enforce the rules and regulations governing activities taken by licensees on licensed premises or from taking disciplinary action against a licensee under Title 33 of the Revised Statutes based upon a determination by the division that the licensee committed a violation of P.L.2025, c.215.

(cf: P.L.2025, c.215, s.11)

3. Section 12 of P.L.2025, c.215 (C.2C:35-10g) is amended to read as follows:

12. a. (1) Except as provided in section 11 of P.L.2025, c.215, on or after April 13, 2026, any person or entity that sells, offers for sale, or distributes an intoxicating hemp beverage shall be subject to the penalties established pursuant to section 8 of P.L.2025, c.215.

(2) On or after November 13, 2026, the sale, offer for sale, or distribution of an intoxicating hemp beverage by any person or entity shall be subject to the penalties established in section 8 of P.L.2025, c.215.

b. (1) On or after April 13, 2026, an intoxicating hemp beverage sold, offered for sale, or distributed in accordance with sections 11 of P.L.2025, c.215 [may not contain more than 5 milligrams of total tetrahydrocannabinol per serving or not more than 10 milligrams of total tetrahydrocannabinol per container] shall be limited to a maximum container size of 750 milliliters in volume.

(2) A certificate of analysis prepared by a laboratory that meets the requirements of paragraph (3) of this subsection shall accompany the sale or distribution of any intoxicating hemp beverage sold or distributed on or after April 13, 2026 and shall certify [that the product contains no more than 5 milligrams of total tetrahydrocannabinol per serving or no more than 10 milligrams of total tetrahydrocannabinol per container] the amounts of total tetrahydrocannabinol per serving and total tetrahydrocannabinol per container.

(3) The certificate of analysis required pursuant to paragraph (2) of this subsection shall be prepared by an independent testing laboratory that complies with the testing established by the commission, provided that such laboratory shall be registered with the Drug Enforcement Administration in the United States Department of Justice and ISO 17025 accredited for all analytes required by the commission.

c. The sale of an intoxicating hemp beverage without a certificate of analysis or in excess of the [milligram] container volume limitations established in [paragraph (2) of] subsection b. of this section shall be liable for a civil penalty of not less than $100 for each container. The penalty prescribed by this section shall be collected and enforced by summary proceedings under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.2025, c.215, s.12)

4. This act shall take effect immediately.

STATEMENT

This bill makes certain changes to the restrictions for the sale of hemp products and intoxicating hemp beverages.

Under current law, effective April 13, 2026, intoxicating hemp beverages will be limited to five milligrams of total THC per serving, or 10 milligrams of total THC per container, and may only be sold by certain licensees of the Division of Alcoholic Beverage Control (ABC) or the Cannabis Regulatory Commission (CRC). Sales by ABC licensees will be subject to certain product display restrictions. Additionally, effective April 13, 2026, hemp producers will become subject to a 0.3 percent THC concentration limit on plants and plant parts. Effective November 13, 2026, in conformity with federal law, intoxicating hemp beverages may no longer be sold by ABC licensees, and the sale of such products by CRC licensees will be treated in the same manner as adult use cannabis.

Under the bill, the milligram limits on intoxicating hemp beverages are repealed. Additionally, the bill repeals the requirement that ABC licensees store or display intoxicating hemp beverages in a place not accessible to customers without employee assistance. However, the bill requires that intoxicating hemp beverages sold by ABC or CRC licensees containing more than 10 milligrams of total THC per container must have resealable packaging, and sets a maximum container volume of 750 milliliters. The bill also allows hemp producers to exceed the 0.3 percent THC limit, until November 13, 2026, if the material is an intermediate hemp-derived extract that is in the process of being manufactured into a final product that meets the legal THC limits. The November 13, 2026 deadline ending sales by ABC licensees remains in place.