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A1307
ASSEMBLY, No. 1307
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
���� Prohibits sale of tetrahydrocannabinol products in
certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning tetrahydrocannabinol products and
supplementing Title 24 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� As used in P.L.��� ,
c.���� (C.������� ) (pending before the Legislature as this bill):
���� (1)�� �Commission� means the
Cannabis Regulatory Commission.
���� (2) �Department� means the New
Jersey Department of Agriculture.
���� (3)�� �Tetrahydrocannabinol�
means:
���� (a) any tetrahydrocannabinol,
including delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and
delta-10-tetrahydrocannabinol, regardless how derived; and
���� (b) any other chemically
similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as
identified by the commission, in consultation with the Department of
Agriculture and the Attorney General.
���� b.��� A person shall not sell
or distribute a product intended for human consumption or inhalation that
contains tetrahydrocannabinol, per serving or per package, in an amount
prescribed by the rules or regulations established by the commission unless the
person is licensed by the commission in accordance with P.L.2021, c.16
(C.24:6I-31 et al.) and complies with the manufacturing, laboratory testing,
and packaging and labeling standards adopted pursuant to subsection e. of this
section.
���� c.���� (1) It shall not be a
violation of subsection b. to sell or distribute a product that contains
tetrahydrocannabinol in an amount prescribed by the rules or regulations
established by the commission while the person has a pending application to
obtain a license with the commission in accordance with P.L.2021, c.16
(C.24:6I-31 et al.).
���� (2) It shall be unlawful to
sell or distribute a product that contains tetrahydrocannabinol in any amount
to a person under 21 years of age.
���� d.��� A person who violates
subsection b. of this section shall be subject to any civil penalties or fines
adopted by the commission in accordance with P.L.2021, c.16 (C.24:6I-31 et
al.).
���� e.���� (1)������� Notwithstanding
any provision of the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), to the contrary, and in accordance with the authority
established pursuant to section 18 of P.L.2021, c.16 (C.24:6I-35), the
commission, in consultation with the department and Office of the Attorney
General, is, within 90 days of the effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill), authorized to adopt immediately upon
filing with the Office of Administrative Law rules and regulations necessary to
implement this act.
���� (2)�� Following any rules or
regulations established by the commission in accordance with subparagraph (1)
of this subsection, the commission shall, in consultation the department and
the Office of the Attorney General, and in accordance with the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.)
adopt rules and regulations as necessary to implement this act.
���� f.���� Nothing in P.L.��� ,
c.���� (C.������� ) (pending before the Legislature as this bill) shall be
construed or interpreted to limit the enforceability or applicability of the
�Agriculture Improvement Act of 2018,� Pub.L.115-334 or the �New Jersey Hemp
Farming Act,� P.L.2019, c.238 (C.4:28-6 et al.).
���� 2. This act shall take effect
90 days after the date of enactment.
STATEMENT
���� This bill limits the sale of
tetrahydrocannabinol products in the State.
���� Under the bill, the sale of
products containing certain amounts of tetrahydrocannabinol, as prescribed by
the Cannabis Regulatory Commission (commission), would be limited to entities
licensed by the commission.� Tetrahydrocannabinol is defined as:
���� (1) any tetrahydrocannabinol,
including delta-8-tetrahydrocannabinol, delta-9- tetrahydrocannabinol, and
delta-10- tetrahydrocannabinol, regardless how derived; and
���� (2) any other chemically
similar compound, substance, derivative, or isomer of tetrahydrocannabinol, as
identified by the commission.
���� It is not a violation of the
bill for a person to sell or distribute a product containing tetrahydrocannabinol
while that person has a pending application with the commission to be licensed
by such authority.� However, it is a violation of this bill to sell
tetrahydrocannabinol in any amount to a person under the age of 21.
���� Any entity or person that
sells a tetrahydrocannabinol product containing an amount in excess to relevant
rules or regulations and is
not
licensed by the commission and does not
have a pending license application is subject to any existing fines or
penalties established for violators of relevant commission regulations.