Significant Changes to NJ Intoxicating Hemp Law

On January 12, 2026, Governor Murphy signed a new law that will substantially alter the cannabis and hemp derived product market in NJ. 

The new law narrowly defines hemp in an effort to close the “loophole” in the 2018 Farm Act that allowed intoxicating hemp products to be sold across New Jersey (and the country) in unlicensed stores.

The law redefines hemp to specifically exclude from its definition hemp products that contain cannabinoids that are not capable of being naturally produced, cannabinoids that are manufactured or synthesized outside of the plant, or contain more than 0.4 mg total per container of THC or other cannabinoids that have a similar effect to THC (as determined by the US Secretary of Health and Human Services).  Such products excluded from the definition of “hemp” will now be deemed “cannabis” products.  The law makes clear that after April 13, 2026, unless otherwise permitted by law, it will be unlawful to sell such products. 

It remains to be seen if the NJ Cannabis Regulatory Commission will adopt regulations that would permit hemp derived products that are deemed cannabis to be manufactured and sold under CRC regulations.

It also creates a new definition for “hemp derived cannabinoid product” which includes any product derived from hemp (ie. less than 0.3 mg of any form of THC), that is not industrial hemp, containing any cannabinoids intended for human consumption.  Hemp derived cannabinoid products produced under the NJ Hemp Farming Act remain excluded from the definition of “cannabis.”  The new law will allow licensed cannabis dispensaries to sell hemp derived cannabinoid products.

To avoid questions that previously arose under the 2018 Farm Act regarding regulation of delta-8 and delta-10 products, THC was redefined to broadly to encompass any chemical in the cannabis plant that causes intoxication.

The law allows for a wind down period for intoxicating hemp beverages that were manufactured pursuant to state and federal laws in effect before the federal government closed the hemp loophole in late 2025 to continue to be sold for a limited period of time.

Intoxicating hemp beverages can still be sold anywhere in the state until April 13, 2026.  After April 13, intoxicating hemp beverages can only be sold by licensed liquor stores and cannabis dispensaries until November 13, 2026, after which time all sales are unlawful.  Moreover, after April 13, 2026, any intoxicating hemp beverage that is sold cannot contain more than 5 milligrams of total THC per serving and no more than 10 milligrams of total THC per container.  Many products currently available across the state contain significantly more than 10 mg per can.

The law also broadly authorizes the CRC, health and consumer protection agencies, law enforcement, and the Division of Consumer Affairs to enforce this ban and to confiscate such products.

The law also repeals most portions of a prior intoxicating hemp law that is the subject of a lawsuit Loki Brands LLC et al. v. Platkin et al., No. 24-cv-9389 (D.N.J.), which challenged that law on constitutional grounds.

The law reduces the restrictions on advertising of cannabis.  The law used to preclude advertising on television or radio between 6am and 10pm and precluded any advertising unless 71.6 % of the audience was expected to be 21 years of age or older.  Now the CRC can establish the rules for advertising on tv or radio, and only 50% of the target audience must be 21 or older.