Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Somerset and Union)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
Revises restrictions on sale of hemp products and intoxicating hemp beverages through November 2026.
CURRENT VERSION OF TEXT
As reported by the Senate Judiciary Committee on March 19, 2026, with amendments.
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 1[November 13,] May 31,1 2026, a 1[licensed]1 hemp producer 1or its agent as authorized by the Department of Agriculture to cultivate, handle, or process hemp or hemp-derived cannabinoid products, pursuant to the “New Jersey Hemp Farming Act,” P.L.2019, c.238 (C.4:28-6 et al.), which are subject to the department’s statutory or regulatory authority, established under that act,1 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 1at this stage of processing is1 not intended 1[for direct consumer use] to be used or consumed by a human or animal1 ; (2) the material is handled 1[under] and transported in accordance with any applicable1 regulations 1[set] promulgated1 by the Cannabis Regulatory Commission 1that establish standards1 for safety and security; and (3) any final hemp-derived cannabinoid product processed therefrom and distributed or sold does not exceed the 1[legal] allowable1 THC 1[limits set forth herein] levels for hemp established by P.L.2025, c.2151.
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 1(C.2C:35-10f et al.)1 shall not preclude prosecution for a violation of the criminal laws of this State.
(cf: P.L.2025, c.215, s.8)
1[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)]1
12. 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 (C.24:6I-48.5), 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 (C.2C:35-10f).
(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 (C.2C:35-10f).
b. (1) On or after [April 13] May 31, 2026, an intoxicating hemp beverage sold, offered for sale, or distributed in accordance with section 11 of P.L.2025, c.215 (C.24:6I-48.5) may not contain more than 5 milligrams of total tetrahydrocannabinol per serving or not more than 10 milligrams of total tetrahydrocannabinol per container.
(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] May 31, 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.
(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 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.).1
(cf: P.L.2025, c.215, s.12)
1[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)]1
1[4.] 3.1 This act shall take effect immediately.