The NJ Senate Judiciary Committee passed a bill extending the sale of infused hemp drinks until December. S 4635 pushes the deadline to remove hemp drinks from liquor stores to December, like the law recently passed by Congress.
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The hemp loophole for THCA flower sales in NJ smoke shops and convenience stores ended in April.
NJ Infused Hemp Regulation Issues
It says, “This bill aligns State restrictions on the sale of hemp products and intoxicating hemp beverages with federal law.”
“Under current State law, certain licensees of the Division of Alcoholic Beverage Control (ABC) or the Cannabis Regulatory Commission (CRC) may sell intoxicating hemp beverages.”
“This federal change was initially scheduled to take effect on November 13, 2026.”
“In September 2026, Congress enacted a continuing resolution which partially delayed the effective date for the relevant federal changes to December 11, 2026.”
“On November 13, 2026, certain hemp products that contain cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant will be classified as marijuana and thus illegal under federal law.”
“But other hemp products that contain cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant will be permitted until at least December 11, 2026.”
“Under the bill, the sale of hemp products by ABC and CRC licensees will remain legal until the federal compliance date, the date the federal definitional changes become effective.”
NJ Cannabis Industry Seeks Partnership
TerrAscend NJ Senior Director of Regulatory Affairs Evan Kolakowski explained they have a vertically integrated license.
So, they are growing Kind Tree flower, manufacturing Legend pre-rolls among other products, and operate 3 Apothecarium dispensaries in the state.
Notably, Kolakowski said he worked for the New Jersey Medical Marijuana Program.
“I personally registered the 1st patient …,” he declared. “…New Jersey has gone from a handful of businesses to hundreds across the state… New Jersey has done a great job.”
“With hundreds of businesses now exposed to the laws and rules required in New Jersey, it is now more important than ever to ensure that we work together to be progressive,” he argued. “Especially with the federal rescheduling on the horizon.”
“While this bill might benefit a marketplace that’s competitive to cannabis, I hope that the Senate will understand the cannabis industry needs a partnership to ensure that reg reform is at the forefront. So we can continue New Jersey’s leadership across the national cannabis marketplace,” Kolakowski said.
“Thank you very much. Any Senators have comments?” NJ Senate Judiciary Committee Chair and Union City Mayor Brian Stack (D-33-Hudson) asked.
NJ Infused Hemp Drink Container Material Debate
“I spoke to people in the industry. They are concerned…,” State Senator Jon Bramnick (R-21-Union) said.
“It doesn’t have to be a tin can… It could be a container. I think people in the industry believe they might be in violation…,” he explained.
“The current law indicates the product can be sold in a can with a small amount of THC concentration,” A Committee Aide said. “The other acceptable form of packaging is a resealable bottle. It doesn’t specify what the material is….”
An Aide said bigger bottles can have more THC.
“Are we giving directions now to those who sell the products as to what a can is?” Bramnick asked. “Because you can’t reseal a can.”
“I’m only familiar with cannabis from 50 years ago. Not the new cannabis,” he joked.
Big Alcohol Lobbyist Wants Clarity
Jeff Warsh of the NJ Wine and Spirits Wholesalers Association and Garden State Liquor Retailers Association was for it. However, they were eager for a technical amendment to pass.
“There’s only 2 types of containers that meet the stare test,” he said. “It’s a can… or a resealable bottle of 750 ml, a standard 5th.”
“…Millions of dollars of goods would not be able to be sold,” Warsh argued. “It seems like it is just an oversight or a mistake.”
He wanted all infused hemp drink container materials included in the extension.
NJ Cannabis Industry Notes Influence of Big Alcohol Lobby
“The New Jersey Cannabis Trade Association (NJCTA) supports appropriate consumer protection for all intoxicating cannabis products,” NJCTA Executive Director Todd Johnson said. “We support thoughtful regulation of intoxicating hemp.”
“This is, by my count, the 4th or 5th time the legislature has moved swiftly to provide statutory relief or flexibility to the alcohol and unregulated hemp industries…,” he argued.
Johnson said they are “not subject to the same …regulatory burdens that New Jersey’s licensed cannabis businesses operate under…”
Jersey Politics and Weed
“…We have not seen the same, meaningful, necessary, and swift legislative action as we have seen here with liquor stores and hemp,” he added.
“The legislature is a good partner to our industry. We simply emphasize… the legal cannabis industry seems to have fallen by the wayside. All the while creating 12,000 new jobs, over 400 brand new licensed businesses, and generated over $270 million in tax revenue…,” Johnson argued.
“They are operating under a SEEF (Social Equity Excise Fee) fee structure that can be raised by the CRC (Cannabis Regulatory Commission) with no legislative notice, no cap, and less than 7 days’ notice…” he noted.
Johnson said they are lobbying the legislature to get that changed.
“When we asked for the same basic fairness, the clock always seems to run out,” he declared.
NJ home cannabis gardening legalization advocates feel the same way.
Johnson has told Heady NJ that the NJCTA would endorse legalizing home cannabis gardening for medical cannabis patients.
“We’re asking to be treated like every other lawful industry in this state,” he said.
Every other lawful industry in this state probably has more paid lobbyists with more resources at their disposal.
“Thank you for you, appreciate it,” Stack said.
The NJ Senate Judiciary Committee passed the bill 8-0-1 with Senator Michael Testa (R-1-Cape May) abstaining without further comment from anyone.
Scutari sponsored the infused hemp drinks bill.
It has the companion bill needed to become law in the NJ Assembly, with A5604 sponsored by Assemblyman Robert Karabinchak (D-18-Middlesex).
