New Jersey Senate President Nicholas Scutari (D) has introduced legislation that would keep intoxicating hemp beverage sales legal for certain licensees until at least December 11, while automatically adjusting state restrictions if federal implementation is delayed again.
Senate Bill 4635 was introduced October 1 and referred to the Senate Judiciary Committee. The measure would align New Jersey’s restrictions on hemp products and intoxicating hemp beverages with recently changed federal law. An Assembly counterpart, Assembly Bill 5604, has also been filed by Assemblymember Robert Karabinchak (D).
Under current state law, certain licensees regulated by the Division of Alcoholic Beverage Control or Cannabis Regulatory Commission may sell intoxicating hemp beverages until November 13, 2026.
S4635 would replace that fixed deadline with a newly defined “federal compliance date.” The bill defines that date as December 11, 2026, or the date specified federal changes to the definition of hemp take effect, whichever is later. The legislation explicitly states that the compliance date cannot be earlier than December 11.
The change follows a federal continuing resolution enacted in September that delayed portions of a previously approved overhaul of federal hemp law. According to the bill’s statement, the federal changes were originally scheduled to take effect November 13.
Some provisions will still take effect that day. Hemp products containing cannabinoids that cannot be naturally produced by the Cannabis sativa L. plant will be classified as marijuana under federal law beginning November 13, according to the legislation. Other affected hemp products involving naturally occurring cannabinoids will remain federally permissible until at least December 11.
“To accommodate potential further federal delays,” the bill would make New Jersey’s deadline automatically track when the relevant federal provisions ultimately take effect.
The measure would also change references throughout state law from the November 13 deadline to the federal compliance date, including provisions allowing qualifying alcohol and cannabis licensees to sell intoxicating hemp beverages.
Existing product restrictions would remain in place. Intoxicating hemp beverages sold under the temporary framework may generally contain no more than 10 milligrams of total THC in a can. A resealable 750-milliliter bottle may contain up to 200 milligrams, divided into 40 servings of five milligrams each.
Products must also be accompanied by a certificate of analysis from a qualifying independent laboratory. Existing prohibitions on online retail sales and vending-machine sales would remain unchanged.
S4635 would similarly allow authorized hemp producers to possess or transport intermediate hemp-derived cannabinoid products containing more than 0.3% THC during processing until the federal compliance date, provided the material is not intended for human or animal consumption at that stage and other state requirements are followed.
The legislation would take effect immediately if enacted.
An Assembly counterpart, A5604, has also been filed with Assemblyman Robert Karabinchak as its sponsor, although no legislative action on the Assembly version has been recorded yet.
