New Jersey tightens rules on intoxicating hemp sales

The basics:

• Gov. Murphy signs law aligning NJ with federal THC limits, hemp definitions
• Delta-8, delta-9, delta-10 products over limits treated as cannabis
• Retailers must comply with lab testing, age restrictions, licensing by Nov. 13, 2026
• Fines escalate from $100 to $10,000 for violations; transition period ends April 13, 2026

New Jersey is taking steps to close a loophole left from the 2018 federal Farm Bill that has allowed many intoxicating hemp products to circulate without oversight.

Under a law signed Jan. 12 by Gov. Phil Murphy, the state will align itself with federal changes adopted in November 2025. Those updates tightened what qualifies as legal hemp and limited intoxicating tetrahydrocannabinol (THC) products.

State Senate Majority Leader Teresa Ruiz, D-29th District, and State Senate President Nick Scutari, D-22nd District, sponsored the measure. The New Jersey legislation aims to protect consumers as well as give businesses clear guidance before new federal standards take effect in November 2026.

The bill expands the definition of THC to variants including delta-8, delta-9 and delta-10. Additionally, it states that any hemp product with more than 0.3% total THC or any hemp-derived product with greater than 0.4 milligrams of THC per container are considered cannabis.

Companies offering products above the limits have until April 13 to sell remaining inventory. After that, selling over-limit goods without a license from the New Jersey Cannabis Regulatory Commission is illegal, according to the new law.

What’s new

For businesses breaking the law, fines will escalate from $100 for the first offense, $1,000 for the second offense and $10,000 for subsequent violations, according to the legislation.

Liquor stores may continue to sell certain intoxicating hemp drinks from April 13 through Nov. 13. However, those products can only contain 5 milligrams of THC per serving or 10 milligrams per container. They must also be lab-tested and sold to customers ages 21 and up.

After Nov. 13, the state will regulate hemp drinks over federal THC limits as cannabis and they must be produced in state. Additionally, only CRC-licensed businesses can sell the products, the legislation says.

The law marks New Jersey’s latest moves to regulate the production and sale of intoxicating hemp. Those efforts also include a September 2024 measure. That bill banned the sale of hemp products and drinks with any detectable amount of THC to a person under 21 years of age.

Readily available in CBD and vape shops, as well as gas stations, convenience stores and other retailers across the state, items made with hemp-derived THC come in many forms. Products range from beverages to gummies to candies to vape cartridges.

Companies have pitched delta-8 THC products as an alternative to marijuana that gives users a less intense high, less paranoia and less anxiety. They have become especially popular in states without legalized recreational cannabis markets, according to the U.S. Food and Drug Administration.

But amid exploding sales across the country, safety concerns have grown about an easily accessible product made with unregulated production processes. As a result, many states have banned delta-8 or all unregulated forms of THC. That includes places where recreational cannabis is legal, like New York and Colorado.

Minding the gap

In a statement, Ruiz said, “Nearly two years ago, this issue came to my attention after community members and law enforcement raised concerns that intoxicating hemp products were widely accessible to children and adults with little oversight. With the signing of this bill today, we are finally putting common-sense safeguards in place to protect public health.”

“For too long, these products have been within arm’s reach of children, exposing both young people and adults to substances they could not ask basic safety questions about—poisoning people, endangering public health, and allowing bad actors to profit,” she explained.

“Ahead of the federal ban, this legislation provides a predictable transition for businesses and establishes clear, enforceable sales standards, so consumers know exactly what they are ingesting. By acting now, we are closing gaps in oversight, reducing confusion for businesses and regulators, and ensuring these products are safe, transparent, and kept out of the hands of children, protecting New Jersey families and public health.”

[T]his legislation provides a predictable transition for businesses and establishes clear, enforceable sales standards, so consumers know exactly what they are ingesting.
– State Senate Majority Leader Teresa Ruiz, D-29th District

Scutari said that while New Jersey has worked to regulate its legalized cannabis market responsibly, “unlicensed and untested products like intoxicating hemp continue to be sold due to a federal loophole.”

He went on to say, “Folding intoxicating hemp into our cannabis industry regulations is a smart move for the future of the market and the safety of consumers. Phasing these standards in over the next few months will ensure New Jersey is sufficiently prepared once the new federal rules take effect, keeping consumers safe and businesses in compliance.”