Bill advances that would allow potent THC drinks in liquor stores until November
May 22, 2026
A state Senate committee advanced legislation Thursday aimed at loosening restrictions on the sale of intoxicating hemp beverages, including by allowing liquor stores to sell wine bottle-sized containers of THC drinks, until new federal limits take effect in November.
The measure, sponsored by Senate President Nick Scutari (D-Union), would allow those bottles to contain up to 200 milligrams of total THC, the chemical compound in marijuana and hemp that can make people feel high. That’s 40 times higher than current limits placed on THC drinks sold in cannabis dispensaries, one critic noted.
“The provision that allows 200 milligrams of THC in a 750-milliliter bottle is irresponsible from a public health and youth access standpoint,” said Susanna Puntel of the American Trade Association for Cannabis and Hemp.
She added, “It’s exponentially higher than any state allows. And it will actually reduce tax revenue.”
THC limits on beverages sold in cannabis dispensaries are now 5 milligrams per container.
The Legislature has repeatedly revisited New Jersey’s intoxicating hemp beverage rules, all through bills sponsored by Scutari.
In January, then-Gov. Phil Murphy signed a sweeping bill aimed at banning intoxicating hemp products in places like gas stations and bodegas over concerns that kids were buying them. That law also restricted hemp sales to licensed liquor stores and cannabis dispensaries while capping THC content at a maximum of 10 milligrams per container. The compliance deadline was set for April 13.
In March, Gov. Mikie Sherrill signed another bill pushing the compliance deadline to May 31, requiring resealable packaging for hemp beverages in containers exceeding 10 milligrams, and removing a requirement that stores must keep hemp-derived beverages in places only accessed by employees.
States across the country have struggled to regulate the hemp market in light of federal laws that, in 2018, inadvertently legalized intoxicating hemp products like THCA and delta-8, and then, in 2025, closed that loophole by amending the definition of hemp to limit it to a total THC concentration of 0.3%. That definition goes into effect Nov. 12.
After that, New Jersey’s cannabis regulators will treat intoxicating hemp products similar to traditional marijuana products and restrict sales to licensed retailers.
The latest bill proposes more changes, like a 10% margin of error in THC concentration that would allow big bottles to contain up to 220 milligrams. The bill would also allow certain bars to sell hemp beverages for off-premises consumption if they’re in their original containers.
Supporters of the legislation argued that the new measure would give licensed liquor store retailers a workable path until the November deadline. Mahi Patel of the Garden State Liquor Retailers Association said hemp beverages have become an important revenue stream for small, family-owned stores struggling amid shifting alcohol consumption trends and high inflation.
She said the legislation “strikes the appropriate balance between responsible regulation and operational flexibility for licensed retailers.”
“For many retailers, intoxicating hemp beverages have become an important emerging product category that helps drive consumer traffic and offset declining sales in traditional alcohol products,” she said.
But Andrew Caggiano, chief of police in Montville and the president of the New Jersey State Association of Chiefs of Police, called the bill “deeply flawed and operationally irresponsible.”
He said New Jersey still lacks reliable roadside THC testing technology and drug recognition experts, and he’s worried that the high dosage level can lead to accidental overconsumption and more impaired driving.
“We are urging you not to pass this bill,” Caggiano said. “Public safety should not be secondary to rapid commercialization.”
Another section of the bill seeks to streamline licensing for medical cannabis dispensaries seeking to add adult-use retail licenses, potentially allowing them to begin those operations without additional municipal review. For years, business owners have lamented that the slow permitting processing, including permission from municipalities, has made it harder to open dispensaries.
The bill passed Thursday 8-1, with Sen. Kristin Corrado (R-Passaic) voting no and Sen. Mike Testa (R-Cumberland) abstaining. The measure also advanced out of the Assembly this week by a 47-20 vote, with Republicans largely voting no.
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