Intoxicating Hemp Sales Phased Ban Bill Passes NJ Legislature

Bills to ban intoxicating hemp sales from smoke shops, convenience stores, gas stations, and liquor stores in phases passed both the NJ Senate and Assembly.

NJ Senate President Nick Scutari (D-22-Union) and Majority Leader Teresa Ruiz (D-29-Essex) sponsored the bill S 4509 in the NJ Senate. It has moved quickly in the Senate Budget Committee. This happened rapidly after the November election to pass in the lame duck session between the election and the new legislative session in January.

It passed in both the NJ Senate and the Assembly chambers without any debate or speeches given amidst a busy legislative session.

The bill A 6295 was sponsored by Robert Karabinchak (D-18-Middlesex). It passed the NJ Assembly Appropriations Committee on the 18th.

Under the bill, the definition of “hemp” is changed to close the intoxicating hemp/THCA loophole created by the 2018 Farm Bill.

The bill takes effect on January 13, 2026, the first day of the 222nd Legislative Session.

“Hemp” will be defined as the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not. With a total tetrahydrocannabinol (THC) concentration, including tetrahydrocannabinolic acid (THCa), of not more than 0.3 percent on a dry weight basis.”

The bill creates a prohibition on the products that are excluded from the definition of hemp, which takes effect on April 13, 2026.

A 90-day window permits businesses that sell hemp products and beverages to sell their inventory prior to the ban.

Intoxicating Hemp Drinks in NJ Liquor Stores Banned by Xmas 2026

During this 90-day window, a Cannabis Regulatory Commission (CRC) or an Alcoholic Beverage Control (ABC) licensee may sell intoxicating hemp beverages with any THC concentration.  So only CRC and ABC licensed dispensaries and liquor stores will be permitted to sell beverages during that time. They can only have a maximum of 10 mg of THC.

On November 13, 2026, ABC-licensed liquor stores will no longer be permitted to sell intoxicating hemp beverages.

That is around the time the phased federal intoxicating hemp ban takes effect as well.

However, NJ-CRC licensed dispensaries and manufacturers will be permitted to sell legal cannabis beverages after that.

So, it seems that the liquor store hemp drink loophole will be eliminated.

The bill also sells intoxicating hemp drink sales tax revenue by the NJ-CRC and ABC licensees are deposited in the CREAMM Fund. The bill imposes an excise tax of $3.75 per gallon on the wholesale sale of intoxicating hemp beverages.

Intoxicating hemp sales to minors are banned.

New NJ Hemp Selling Rules

Effective April 13, 2026, it will also be unlawful to sell seeds with more than .3 percent THC.

Thankfully, most seeds don’t exceed that.

They also want to ban synthetic hemp products. The legislature wants all sales to go through licensed cannabis dispensaries.

The sale of intoxicating hemp cannabinoid products will be treated the same as underground legacy “marijuana.”

(Picture above courtesy of the New Jersey Legislature media feed)

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