Revises restrictions on sale of hemp products and intoxicating hemp beverages through November 2026.

S3945 1R

[First Reprint]

SENATE, No. 3945

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 12, 2026

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

1
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,
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

1
at this stage of
processing is
1

not intended

1
[
for direct
consumer use
]

to be used or consumed by a human or animal
1

;
(2) the material is handled
1
[
under
]

and
transported in accordance with any applicable
1

regulations

1
[
set
]

promulgated
1

by
the Cannabis Regulatory Commission

1
that
establish standards
1

for safety and security; and (3) any final hemp-derived cannabinoid product
processed therefrom and distributed or sold does not exceed the

1
[
legal
]

allowable
1

THC
1
[
limits set
forth herein
]

levels for hemp established by P.L.2025, c.215
1
.

���� 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

����
1
2.
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.