US State Restricts Hemp-Derived Intoxicating Products to Licensed Marijuana Dispensaries

The Cannabis Observer ·
US State Restricts Hemp-Derived Intoxicating Products to Licensed Marijuana Dispensaries

Intoxicating hemp products above new THC thresholds are now restricted to licensed marijuana retailers in New Jersey, with full rules taking effect in November.

New Jersey's Senate Bill 3945, signed by Gov. Mikie Sherill (D) in late March and effective April 13, imposes immediate restrictions on hemp-derived intoxicating cannabinoids and establishes a permanent regulatory framework taking effect November 13—the same date that tightened federal hemp rules take effect.

Under the law, the New Jersey Cannabis Regulatory Commission now classifies the following as marijuana rather than hemp: cannabis plants or viable seeds exceeding 0.3 percent total THC (encompassing delta-8, delta-9, delta-10, THCA, and other intoxicating cannabinoids) by dry weight; cannabinoids that cannot be naturally produced by a cannabis plant; naturally occurring cannabinoids that were chemically synthesized; and products containing more than 0.4 milligrams of total THC per container.

Those products—previously sold at gas stations, convenience stores, CBD shops, and smoke shops—may now only be purchased at licensed marijuana retailers. The law additionally bans online and vending machine sales, sales to anyone under 21, and the sale of chemically synthesized cannabinoids.

Hemp beverages are temporarily exempt: they may continue to be sold through the Division of Alcoholic Beverage Control under a tightly regulated window until November 13. After that date, all intoxicating hemp products exceeding 0.4 milligrams of total THC per container must move exclusively through the state's licensed marijuana retail system. The interim period gives licensed hemp producers, retailers, and regulators time to adapt while rules for selling THC-containing hemp products through the marijuana marketplace are finalized.

The Cannabis Regulatory Commission is warning in-state hemp cultivators who plan to produce products exceeding the new THC limits to apply for marijuana cultivation or manufacturing licenses, noting that "selling, producing or distributing these products without a license from the Commission will be unlawful after April 13, 2026."