A 4791 — Revises restrictions on sale of hemp products and intoxicating hemp beverages through November 2026.

A4791 1R [First Reprint] ASSEMBLY, No.

4791 STATE OF NEW JERSEY 222nd LEGISLATURE     INTRODUCED MARCH 16, 2026     Sponsored by:

CARTER District 22 (Somerset and Union)  Assemblyman   CODY  D.   SYNOPSIS      Revises restrictions on sale of hemp products and intoxicating hemp beverages through November 2026.

MILLER District 4 (Atlantic, Camden and Gloucester)   CURRENT  VERSION  OF  TEXTSYNOPSIS      AsRevises introduced.restrictions on sale of hemp products and intoxicating hemp beverages through November 2026.

     AnCURRENT ActVERSION concerningOF hempTEXT and     intoxicatingAs hempreported beverages,by andthe amendingAssembly P.L.2025,Appropriations c.215.Committee on March 19, 2026, with amendments.

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

     Notwithstanding the above, until November1[November 13,13,] May 31,1 2026, a licensed1[licensed]1 hemp producer may1or 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 for1[for direct consumer use;use] to be used or consumed by a human or animal1 ;

(2) the material is handled under1[under] and transported in accordance with any applicable1 regulations set1[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 legal1[legal] allowable1 THC limits1[limits set forth herein.herein] levels for hemp established by P.L.2025, c.2151.

     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.

P.L.2025, c.215, s.8)        2.1[2.

P.L.2025, c.215, s.11)s.11)]1        3.12.

     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:

P.L.2025, c.215, s.12)s.12)]1        4.1[4.] 3.1 This act shall take effect immediately.

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.