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:
C.2C:35-10f Prohibited business actions, cannabis, hemp-derived products, cannabinoids.
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 May 31, 2026, a hemp producer or 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, 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 at this stage of processing is not intended to be used or consumed by a human or animal; (2) the material is handled and transported in accordance with any applicable regulations promulgated by the Cannabis Regulatory Commission that establish standards for safety and security; and (3) any final hemp-derived cannabinoid product processed therefrom and distributed or sold does not exceed the allowable THC levels for hemp established by P.L.2025, c.215.
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 (C.2C:35-10f et al.) shall not preclude prosecution for a violation of the criminal laws of this State.
2. Section 12 of P.L.2025, c.215 (C.2C:35-10g) is amended to read as follows:
C.2C:35-10g Sale of intoxicating hemp beverages, certificate of analysis.
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 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 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.).
3. This act shall take effect immediately.
Approved March 30, 2026.