Changes in THC/Hemp Sale Laws for NJ Retailers
May 8, 2026 | Written by: | Share
New Jersey is taking steps to close a loophole in the 2018 federal Farm Bill that has allowed many intoxicating hemp products to circulate without oversight. These products are sold in gas stations, convenience stores, and liquor stores.
Under a law signed on January 12, 2026 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.
The New Jersey legislation aims to protect consumers as well as give businesses clear guidance before new federal standards take effect in November 2026.
Most over-the-counter hemp/THC products were banned in New Jersey as of April 13, 2026.
Liquor stores may continue to sell certain intoxicating hemp drinks from April 13 through November 13, 2026. However, those products can only contain 5 milligrams of THC per serving or 10 milligrams per container. The products must also be lab-tested and sold to only customers ages 21 and up. Liquor stores will not be permitted to sell these drinks after Nov. 13, 2026. Only licensed cannabis dispensaries will be permitted to sell these drinks as of Nov. 14, 2026. And since these products are not regulated by the New Jersey Cannabis Regulatory Commission, towns are not entitled to a local tax.
After April 13, 2026, fines for selling hemp products above the legal limits will escalate as follows:
- $100 for the first offense
- $1,000 for the second offense
- $10,000 for the subsequent violations
The state continues to react to the hemp and cannabis market, and additional changes are likely. Municipalities should consult with their municipal attorneys regarding any questions on these changes.
Matthew P. Lyons, Esq. is a partner with Gebhardt & Kiefer, PC. He concentrates his practice on civil litigation, primarily in the areas of insurance defense, civil rights, and representation of municipal government and other public entities. Contact Mr. Lyons at 908-735-5161 or via email.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.