A 5051 — Revises certain restrictions concerning hemp, intoxicating hemp beverages, and medical cannabis.

2026, c.013 (A5051 1R)  CHAPTER 13   P.L.An Act concerning hemp and medical cannabis regulation, and amending various parts of statutory law.

2026, CHAPTER 13, approved May 29, 2026 Assembly, No.

5051 (First Reprint)   An Act concerning hemp and medical cannabis regulation, and amending various parts of statutory law.

  C.2C:35-10f  Prohibited business actions, cannabis, hemp-derived products, cannabinoids.

     Notwithstanding the above, untiluntil  [May 31,] November 13, 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:

(cf:       2.

P.L.2026, c.7, s.1)        2.

  C.2C:35-10g  Sale of intoxicating hemp beverages, certificate of analysis.

     b.    (1) On or after May 31, 2026, an intoxicating hemp beverage sold, offered for sale, or distributed in accordance with section 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] shall only be in the following container forms:

     (a) a can containingcontaining  1[not more than five milligrams of total tetrahydrocannabinol per serving or]1 not more than 10 milligrams of total tetrahydrocannabinol per can;

     (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] the amounts of total tetrahydrocannabinol per serving and total tetrahydrocannabinol per container.  For the purposes of this paragraph, a cannabinoid concentration that is within 90 to 110 percent of the specified milligrams per serving and per container claimed for that product shall be deemed to be compliant.

     c.     The sale of an intoxicating hemp beverage without a certificate of analysis oror  [in excess of the milligram limitations established in paragraph (2) of] not in conformity with paragraph (1) of subsection b.

(cf:       3.    Section 31 of P.L.2021, c.16 (C.24:6I-45) is amended to read as follows:

P.L.2026,  c.7,C.24:6I-45  s.2)Municipal  regulations     or 3.ordinances.

Section 31 of P.L.2021, c.16 (C.24:6I-45) is amended to read as follows:

     b.    A municipality may prohibit the operation of any one or more classes of cannabis establishment, or cannabis distributors or cannabis delivery services, but not the delivery of cannabis items and related supplies by a delivery service, within the jurisdiction of the municipality through the enactment of an ordinance, and this prohibiting ordinance shall apply throughout the municipality, even if that municipality or parts thereof fall within any district, area, or other geographical jurisdiction for which land use planning, site planning, zoning requirementsrequirements, or other development authority is exercised by an independent State authority, commission, instrumentality, or agency pursuant to the enabling legislation that governs its duties, functions, and powers, even if this development authority is expressly stated or interpreted to be exclusive thereunder;

the local prohibiting ordinance applies, notwithstanding the provisions of any independent State authority law to the contrary.  Only an ordinance to prohibit one or more classes of cannabis establishment, or cannabis distributors or cannabis delivery servicesservices, enacted pursuant to the specific authority to do so by this sectionsection, shall be valid and enforceable;

any ordinance enacted by a municipality prior to the effective date of this section addressing the issue of prohibiting one or more types of cannabis-related activities within the jurisdiction of the municipality is null and void, and that entity may only prohibit the operation of one or more classes of cannabis establishment, or cannabis distributors or cannabis delivery servicesservices, by enactment of a new ordinance based upon the specific authority to do so by this section.  The failure of a municipality to enact an ordinance prohibiting the operation of one or more classes of cannabis establishment, or cannabis distributors or cannabis delivery servicesservices, within 180 days after the effective date of P.L.2021, c.16 (C.24:6I-31 et al.), shall result in any class of cannabis establishment, or a cannabis distributor or cannabis delivery service that is not prohibited from operating within the municipality as being permitted to operate therein as follows:

the growing, cultivating, manufacturing, and selling and reselling of of cannabis and cannabis items, and operations to transport in bulk cannabis items by a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or as a cannabis distributor or cannabis delivery service shall be permitted uses in all industrial zones of the municipality;

and the selling of cannabis items to consumers from a retail store by a cannabis retailer shall be a conditional use in all commercial zones or retail zones, subject to meeting the conditions set forth in any applicable zoning ordinance or receiving a variance from one or more of those conditions in accordance with the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.).  At the end of a five-year period following the initial failure of a municipality to enact an ordinance prohibiting the operation of one or more classes of cannabis establishment, or cannabis distributors or cannabis delivery services, and every five-year period thereafter following a failure to enact a prohibiting ordinance, the municipality shall again be permitted to prohibit the future operation of any one or more classes of cannabis establishment, or cannabis distributors or cannabis delivery servicesservices, through the enactment of an ordinance during a new 180-day period, but this ordinance shall be prospective only and not apply to any cannabis establishment, distributordistributor, or delivery service operating in the municipality prior to the enactment of the ordinance.

     (2) Notwithstanding any municipal restrictions on the number of cannabis dispensaries or locations, a municipality shall not prohibit the retail sale of cannabis items by any medical cannabis dispensary issued a permit pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al) that has been open and lawfully operating in such municipality before July 1, 2023 without any violation, or notice thereof, for a period of not less than three years prior to the enactment of P.L.   P.L.2026, ,c.13. c.     (C.        ) (pending before the Legislature as this bill).

(cf:       4.

P.L.2021, c.16, s.31)        4.

  C.24:6I-48.5  Sale of intoxicating hemp beverages, licensing.

(1) (a) [Any(Deleted intoxicatingby hempamendment, beverageP.L.2026, distributed,c.13)      (b) Intoxicating hemp beverages sold, distributed, 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.

     (i) the establishment segregates the storage or display of intoxicating hemp beverages from other intoxicating liquors,liquors and 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;

(cf:       5.    R.S.33:1-12 is amended to read as follows:

P.L.2025, c.215, s.11)       Class 5.C licenses;

R.S.33:1-12classifications; is amended to read as follows:

fees.

The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises, but this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store, or other mercantile business is carried on, except as hereinafter provided.  Subject to section 1 of P.L.1948, c.98 (C.33:1-12.23), the holder of this license shall be entitled to sell intoxicating hemp beverages until the expiration date set forth in section 11 of P.L.2025, c.215 (C.24:6I-48.5), for consumption off the licensed premises, but only in original containers.  The holder of this license shall be permitted to conduct consumer wine, beer, and spirits tasting events and samplings for a fee or on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control, provided, however, that the holder of this license complies with the terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).  Subject to such rules and regulations established from time to time by the director, the holder of this license shall be permitted to sell alcoholic beverages in or upon the premises in which any of the following is carried on:

the keeping of a hotel or restaurantrestaurant, including the sale of mercantile items incidental thereto as an accommodation to patrons;

 Thereafter, the licensee may sell any alcoholic beverages during 12 months of each year in accordance with the provisions of this section.  The governing board or body of the municipality in which the licensed premises is situated shall affirmatively approve the holder of this license converting it to a plenary retail consumption license in accordance with this subsection,subsection and exercising the same privileges as the holder of a plenary retail consumption license.  A person who converts this license shall be entitled to sell alcoholic beverages on the same days and during the same hours as other plenary retail consumption license holders within the same municipality.        The fee to convert this license shall be equal to 43 percent of the average sales price of plenary retail consumption licenses in the municipality in which the licensed premises is located during the two years immediately preceding the effective date of P.L.2025, c.295.  If less than three plenary retail consumption licenses have been sold in the municipality or municipalities during the two years immediately preceding the effective date of P.L.2025, c.295, the fee shall be equal to 43 percent of the average sales price of the last three plenary retail consumption licenses sold prior to the effective date of P.L.2025, c.295, except as otherwise provided in paragraph (b) of this subsection.  If the licensed premises is located within the boundaries of two or more municipalities, the highest average sale price of the two or more municipalities shall be used to calculate the fee.  The calculation to determine the fee shall not include de minimis or related party transfer sales and shall be subject to the following requirements:

The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages, or intoxicating hemp beverages until the expiration [of] date set forth in section 11 of P.L.2025, c.215 (C.24:6I-48.5), for consumption off the licensed premises, but only in original containerscontainers, except that licensees shall be permitted to conduct consumer wine, beer, and spirits tasting events and samplings on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control, provided, however, that the holder of this license complies with the terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d).

     Notwithstanding any other provision of Title 33 of the Revised Statutes and subject to conditions established by the director, the holder of this license may share direction and control of the premises to be licensed and share proceeds and profits from the sale of alcoholic beverages with the owner, operator, concessionaire, or lessee of the facility.  The holder of this license shall be permitted to conduct consumer wine, beer, and spirits tasting events and samplings for a fee or on a complimentary basisbasis, provided, however, the license holder complies with the provisions of section 3 of P.L.2009, c.216 (C.33:1-12d) and rules and regulations promulgated thereto.  Notwithstanding any law, rulerule, or regulation to the contrary, the holder of this license shall be entitled to establish up to five all-inclusive areas within the licensed sporting facility, provided the total capacity of the all-inclusive area or areas within the sporting facility for each game or event does not exceed more than 500 persons or five percent of the total capacity of the sporting facility, whichever is greater.

(cf:       6.

P.L.2025, c.295, s.1)        6.

      TheC.33:1-12.23  holderSale of a plenary retail consumption license or a seasonal retail consumption license, after the effective date of this act, may sell and display for saleoff-premises alcoholicconsumption. beverages in original containers for consumption off the licensed premises only in the public barroom of the licensed premises, such barroom being a room containing a public bar, counter or similar piece of equipment designed for and used to facilitate the sale and dispensing of alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises;

     The holder of a plenary retail consumption license or a seasonal retail consumption license, after the effective date of this act, may sell and display for sale alcoholic beverages in original containers for consumption off the licensed premises only in the public barroom of the licensed premises, such barroom being a room containing a public bar, counter, or similar piece of equipment designed for and used to facilitate the sale and dispensing of alcoholic beverages by the glass or other open receptacle for consumption on the licensed premises, provided, however, that where, prior to the effective effective date of this act, alcoholic beverages in original containers for off-premises consumption were sold and displayed for sale by the holder of such license, either to the exclusion of sale for consumption on the licensed premises or upon a portion of the licensed premises other than the public barroom, such sale and display shall be permitted as heretofore and notwithstanding renewal or transfer of the license either from person to person or place to place, subject to rules and regulations to be promulgated by the commissioner.  The holder of a plenary retail consumption license may, until the expiration date set forth in section 11 of P.L.2025, c.215 (C.24:6I-48.5), sell and display for sale intoxicating hemp beverages in original containers for consumption off the licensed premises only in the public barroom of the licensed premises, provided that the public barroom is not located in or upon a premises that also operates a hotel, restaurant, entertainment facility, or commercial bowling establishment.