Ruiz, Scutari Bill Protecting Families by Removing Intoxicating Hemp Products From Shelves Signed into Law

TRENTON – Today, a bill sponsored by Senate Majority Leader M. Teresa Ruiz and Senate President Nick Scutari that protects children and families by regulating the sale of certain hemp products and aligning New Jersey law with new federal standards was signed into law.

“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,” said Senate Majority Leader M. Teresa Ruiz (D-Essex/Hudson). “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. 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.”

“Since New Jersey legalized cannabis, we have regulated the market responsibly, yet unlicensed and untested products like intoxicating hemp continue to be sold due to a federal loophole,” said Senate President Scutari (D-Union/Somerset). “With the loophole now closed, 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.”

“This bill appears to enhance safety, particularly for juveniles, and provide clarity and accountability regarding the sale of hemp-derived products," said Montville Police Chief Andrew Caggiano, president of the New Jersey State Association of Chiefs of Police (NJSACOP). "Law enforcement has witnessed an alarming increase in the open sale of Delta-8 THC and other chemically altered substances in gas stations and convenience stores. These are unregulated substances, and often their sale lacks age restrictions, potency testing, oversight, and, like vapes, are marketed to attract juveniles. All of these pose a significant public safety risk that the legislation seeks to address."

“From the perspective of school leaders, the need for clarity in the law and stronger protections for intoxicating hemp products is both urgent and essential,” said Debra Bradley, Director of Government Relations for the NJ Principals and Supervisors Association. “Our members at the high school, middle school, and elementary school levels attest to the serious health emergencies that have occurred due to the use of these products in underage students in their school buildings. We strongly support this measure to protect students from harm so that educators, students, and parents are not put in unsafe and unpredictable situations.”

“Right now, young people, especially in Latino neighborhoods where enforcement resources are stretched thin, can access intoxicating hemp products as easily as candy or soda,” said Cory Garriga, Vice President of Public Policy for the Latino Action Network (LAN). “Latino families already face systemic inequities in health and education, and allowing these products to remain unregulated only deepens those disparities. By regulating intoxicating hemp products, we can prevent exploitation of vulnerable communities, reduce risk to youth, and ensure that legitimate businesses can operate responsibly under state oversight.”

"This bill matters to me not as a policy expert, but as someone who has seen how unregulated markets can ultimately harm the families that I have spent my life working to protect, and hurt the communities to which the United Black Agenda is dedicated,” said Rev. Eric Dobson, Executive Director of the United Black Agenda. “If an intoxicating product is being sold, people, including parents and children, should know what it is. This law will give businesses clarity, set boundaries, and allow for responsible regulation."

The bill, S-4509, clarifies the definitions of hemp and hemp-derived cannabinoid products to align with new federal definitions. Under the bill, hemp itself cannot contain more than 0.3% total THC (including THCA), and any hemp-derived cannabinoid product (like gummies or a vape) cannot contain more than 0.4 mg THC per container. If a product exceeds those limits, it would be treated as marijuana or cannabis under the law. The definition of THC in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) would also be updated under the bill to include delta-8, delta-9, delta-10, THCA, and any other chemically similar variant, no matter how the product is produced or manufactured. These provisions would close the loophole that has allowed intoxicating hemp products to be sold without oversight since the 2018 Farm Bill.

Businesses currently selling products that exceed the federally defined THC limit for hemp would have a transition period until April 13, 2026, to liquidate any remaining inventory that exceeds the newly defined limit. After that date, it would be unlawful to sell or distribute any product containing more than the legal limit without a CRC license. Violators would face escalating civil fines of no less than $100 for a first offense, $1,000 for a second offense, and $10,000 for each subsequent offense. Each act and each day a violation continues would count separately.

The bill provides some flexibility for liquor stores selling intoxicating hemp beverages, as these regulated businesses are subject to stricter ID requirements and rules than convenience stores or gas stations. Beginning April 13, 2026, ABC-licensed entities would be authorized to sell some intoxicating hemp beverages until November 13, 2026, the effective date of the new federal law. The ABC, in consultation with the CRC, would be required to adopt rules for the sale of intoxicating hemp beverages, including guidelines for packaging, labeling, product testing, and safety.

The beverages sold during this grace period would be limited to 5 milligrams of total THC per serving and 10 milligrams of total THC per container, a nationally-recognized standard for THC beverages, and must be accompanied by a laboratory certificate of analysis from a qualified lab. During this period, ABC-licensees must securely store and display these drinks, ensuring they are only accessible to customers 21 and older with proper employee oversight.

After November 13, ABC licensees will no longer be permitted to sell intoxicating hemp beverages in New Jersey and nationally. After this date, any beverages that exceed the federally defined THC limit for hemp would instead be regulated as cannabis items under CREAMMA, must be produced in-state to be federally compliant, and must be manufactured, distributed, and sold exclusively by CRC-licensed businesses.