For all of you watching the situation in New Jersey, we’ve covered an important update below: the signage of S4509 on January 12, 2026. Here’s a little background for those who need to catch up:

• New Jersey S3235, signed in September 2024, put the Cannabis Regulatory Commission (“CRC”) in charge of “intoxicating hemp products” with strict THC limits, also banning online sales.
• A federal court partially blocked enforcement of S3235, leading the CRC to announce it would not enforce major parts of the law.
• Negotiations continued between hemp businesses and the state.

On January 14, 2026, Gov. Phil Murphy signed S-4509, rolling back the prior hemp rules. According to a press release from the NJ Senate Democrats, the new law aligns New Jersey’s definitions of hemp with federal standards. Products exceeding the federal THC limits will now be classified as marijuana or cannabis starting April 13, 2026. Businesses have until that date to sell any inventory above the legal THC limit. After that, selling such products without a CRC license is illegal, with fines starting at $100 and increasing for repeat offenses.

Alcohol licensees can sell intoxicating hemp beverages (up to 5mgs THC per serving, 10mgs per container) until November 13, 2026, under strict ABC rules for safety and ID checks. After this grace period, all intoxicating hemp beverage sales will be prohibited.

Online sales with direct-to-consumer shipping were and are still currently prohibited but these changes largely side-step ongoing litigation due to discrimination against out-of-state products.

This is not good for the state’s hemp industry, particularly in light of Trump’s recent Executive Order (EO) that addresses the hemp industry’s future at length. This new law goes against the sentiments expressed in that EO. Hopefully, the Baird Bill will keep pushback implementation of the anti-hemp provisions contained in the recently enacted Continuing Resolution. If so, we hope that states like New Jersey will reconsider regulating, rather than banning, hemp products.

January 15, 2026

This article was written by Kight Law attorney Amber Lengacher. Kight Law represents hemp businesses in the US and throughout the world.