Is Delta-10 THC Legal in New Jersey? (2026)

Instrument

Intoxicating Hemp-Derived Products -- what the new law does / effective dates

Source

https://www.nj.gov/cannabis/resources/faqs/intoxicating-hemp/

Retrieved

2026-07-18

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On January 12, 2026, Governor Phil Murphy signed P.L.2025, c.215, which regulates the production and sale of intoxicating hemp-derived products. The new law also repeals prior legislation on this subject, P.L. 2024, c. 73. On March 30, 2026, Governor Mikie Sherrill signed P.L. 2026, c.7, which revises P.L. 2025, c.215. Starting on April 13, 2026, the following items will not meet the definition of hemp: 1. any viable seeds from a Cannabis sativa L. plant that exceeds a total THC concentration of 0.3 percent in the plant on a dry weight basis (including delta-8, delta-10, THC-A and comparable cannabinoids); 2. cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; 3. cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but were chemically synthesized or manufactured; and 4. products exceeding 0.4 milligrams of total THC per container. The above items will be considered cannabis or marijuana and will be subject to the State’s laws and regulations. The same will be true after November 13, 2026, for beverages derived from hemp that exceed 0.4 milligrams of total THC per container. The law also immediately prohibits the following actions: 1. Selling, offering to sell, or distributing any product marketed or labeled as hemp if the product exceeds the federally defined THC level for hemp. 2. Selling, offering to sell, or distributing any hemp-derived product or intoxicating hemp beverage online. 3. Selling, offering to sell, or distributing intoxicating hemp beverages through vending machines. 4. Selling or distributing to a person under 21 years of age a product that contains any detectable amount of THC. 5. Producing, selling, or distributing cannabinoids that were synthesized using a chemical process. Starting on April 13, 2026, a hemp-derived cannabinoid product is flower or products that are derived from hemp and contain a total THC concentration of less than 0.3 percent in the plant on a dry weight basis and less than 0.4 milligrams of total THC per container. These products may be sold by licensed Class 5 Cannabis Retailers, provided they comply with the Commission’s regulations on testing, packaging, and labeling. An intoxicating hemp beverage is a beverage that is produced before November 12, 2026, using hemp. The new law states that the holder of a plenary wholesale license or plenary retail distribution license issued by the New Jersey Division of Alcoholic Beverage Control or a licensed Class 5 Cannabis Retailer issued by the Commission may sell intoxicating hemp beverages until November 13, 2026. Starting on May 31, 2026, an intoxicating hemp beverage cannot contain more than 5 milligrams of total THC per serving or not more than 10 milligrams of total THC per container.

Instrument

Definitions relative to hemp (as amended by P.L.2025, c.215)

Source

https://pub.njleg.state.nj.us/Bills/2024/PL25/215_.HTM

Retrieved

2026-11-01

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"Hemp" means the Cannabis sativa L. plant and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent on a dry weight basis. "Hemp" includes industrial hemp as such is defined pursuant to this section. Hemp does not include any of the following: (1) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of 0.3 percent in the plant on a dry weight basis; (2) any intermediate hemp-derived cannabinoid product containing: (a) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured outside the plant; or (c) more than 0.3 percent combined total of total tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol, as determined by the United States Secretary of Health and Human Services; (3) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or (4) any final hemp-derived cannabinoid products containing: (a) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured outside the plant; or (c) greater than 0.4 milligrams combined total per container of total tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol, as determined by the United States Secretary of Health and Human Services. To the extent that the Cannabis sativa L. plant and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, or any product or material is excluded from this definition of hemp, the excluded substance, product, or material shall be considered marijuana or cannabis, as determined by law.

Instrument

statute

Source

https://pub.njleg.state.nj.us/Bills/2026/PL26/13_.HTM

Retrieved

2026-11-02

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11. a. (1) Notwithstanding the provisions of section 8 of P.L.2025, c.215 (C.2C:35-10f), the holder of any valid and unrevoked plenary wholesale license or plenary retail distribution license, as such terms are defined in R.S.33:1-11 and R.S.33:1-12, or the holder of a valid and unrevoked plenary retail consumption license that meets the requirements of R.S.33:1-12 and section 1 of P.L.1948, c.98 (C.33:1-12.23), may sell intoxicating hemp beverages until November 13, 2026, after which date, the holder shall be subject to the penalties and prohibitions established in section 8 of P.L.2025, c.215 (C.2C:35-10f). (2) Notwithstanding the provisions of section 8 of P.L.2025, c.215 (C.2C:35-10f), a person or entity that is licensed by the Cannabis Regulatory Commission in accordance with P.L.2021, c.16 (C.24:6I-31 et al.) may sell intoxicating hemp beverages until November 13, 2026, after which date, the person or entity shall be subject to the penalties and prohibitions established in section 8 of P.L.2025, c.215 (C.2C:35-10f). b. (1) (a) (Deleted by amendment, P.L.2026, c.13) (b) Intoxicating hemp beverages sold, distributed, or offered for sale pursuant to paragraph (1) of subsection a. of this section may be stored or displayed in a place accessible to customers and may be accessed without the assistance of an employee of the establishment only if: (i) the establishment segregates the storage or display of intoxicating hemp beverages from other intoxicating liquors and posts conspicuous notice at the place of storage or display indicating to customers that the products are intoxicating hemp beverage beverages and may only be purchased by a person 21 years of age or older; (ii) the establishment actively monitors the place of storage or display; (iii) an employee of the establishment confirms at the point of sale that the customer is 21 years of age or older and understands that they are purchasing an intoxicating hemp beverage and is informed of the appropriate serving size of the intoxicating hemp beverage being purchased; and (iv) the establishment complies with any other requirements as may be established by rule by the Division of Alcoholic Beverage Control, in consultation with the Cannabis Regulatory Commission. (2) Intoxicating hemp beverages sold, distributed, or offered for sale pursuant to subsection a. of this section shall conform to the requirements of subsection b. of section 12 of P.L.2025, c.215 (C.2C:35-10g). c. (1) The provisions of Title 33 of the Revised Statutes and the rules and regulations promulgated thereunder shall apply to the sale or distribution of intoxicating hemp beverages by any person or entity licensed pursuant to the provisions of Title 33 of the Revised Statutes; (2) Nothing contained in P.L.2025, c.215 (C.2C:35-10f et al.) shall be construed to preclude the Division of Alcoholic Beverage Control from exercising the authority to enforce the rules and regulations governing activities taken by licensees on licensed premises or from taking disciplinary action against a licensee under Title 33 of the Revised Statutes based upon a determination by the division that the licensee committed a violation of P.L.2025, c.215 (C.2C:35-10f et al.). 5. R.S.33:1-12 is amended to read as follows: Class C licenses; classifications; fees. 33:1-12. Class C licenses shall be subdivided and classified as follows: Plenary retail consumption license. 1. The holder of this license shall be entitled, subject to rules and regulations, to sell any alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle, and also to sell any alcoholic beverages in original containers for consumption off the licensed premises, but this license shall not be issued to permit the sale of alcoholic beverages in or upon any premises in which a grocery, delicatessen, drug store, or other mercantile business is carried on, except as hereinafter provided. Subject to section 1 of P.L.1948, c.98 (C.33:1-12.23), the holder of this license shall be entitled to sell intoxicating hemp beverages until the expiration date set forth in section 11 of P.L.2025, c.215 (C.24:6I-48.5), for consumption off the licensed premises, but only in original containers. The holder of this license shall be permitted to conduct consumer wine, beer, and spirits tasting events and samplings for a fee or on a complimentary basis pursuant to conditions established by rules and regulations of the Division of Alcoholic Beverage Control, provided, however, that the holder of this license complies with the terms and conditions set forth in section 3 of P.L.2009, c.216 (C.33:1-12d). Subject to such rules and regulations established from time to time by the director, the holder of this license shall be permitted to sell alcoholic beverages in or upon the premises in which any of the following is carried on: the keeping of a hotel or restaurant, including the sale of mercantile items incidental thereto as an accommodation to patrons; the sale, at an entertainment facility as defined in R.S.33:1-1, having a seating capacity for no less than 4,000 patrons, of mercantile items traditionally associated with the type of event or program held at the site; the sale of distillers’, brewers’, and vintners’ packaged merchandise prepacked as a unit with other suitable objects as gift items to be sold only as a unit; the sale of novelty wearing apparel identified with the name of the establishment licensed under the provisions of this section; the sale of cigars, cigarettes, packaged crackers, chips, nuts, and similar snacks and ice at retail as an accommodation to patrons or the retail sale of nonalcoholic beverages as accessory beverages to alcoholic beverages; or, in commercial bowling establishments, the retail sale or rental of bowling accessories and the retail sale from vending machines of candy, ice cream, and nonalcoholic beverages. The fee for this license shall be fixed by the governing board or body of the municipality in which the licensed premises are situated, by ordinance, at not less than $250 and not more than $2,500. No ordinance shall be enacted which shall raise or lower the fee to be charged for this license by more than 20 percent from that charged in the preceding license year or $500.00, whichever is the lesser. The governing board or body of each municipality may, by ordinance, enact that no plenary retail consumption license shall be granted within its respective municipality. The holder of this license shall be permitted to obtain a restricted brewery license issued pursuant to subsection 1c. of R.S.33:1-10 and to operate a restricted brewery immediately adjoining the licensed premises in accordance with the restrictions set forth in that subsection. All fees related to the issuance of both licenses shall be paid in accordance with statutory law. Seasonal retail consumption license. 2. (1) The holder of this license shall be entitled, subject to rules and regulations

Instrument

Controlling provision (official text)

Source

https://pub.njleg.state.nj.us/Bills/2026/PL26/7_.PDF

Retrieved

2026-11-01

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(3) any intermediate hemp-derived cannabinoid product that is marketed or sold as a final

product or directly to an end consumer for personal or household use;