N.J. Stat. § 24:6I-48.1

Current through L. 2024, c. 80.
Section 24:6I-48.1 - Intoxicating hemp product distribution restrictions; rules, regulations
a. A person shall not sell or distribute any intoxicating hemp product unless:
(1) the person is licensed by the Cannabis Regulatory Commission in accordance with P.L. 2021, c. 16 (C.24:6I-31 et al.); or
(2) the person is a holder of any valid and unrevoked plenary wholesale license or plenary retail distribution license, as those terms are defined in R.S. 33:1-11 and R.S. 33:1-12, and is approved bythe commission to sell intoxicating hemp beverages in accordance with section 5 of P.L.2024, c.73 (C.24:6I-48.2); and
(3) the product complies with the provisions of P.L. 2021, c. 16 (C.24:6I-31 et al.) and any rules or regulations adopted pursuant thereto.
b.
(1) It shall be unlawful to sell or distribute a hemp product or cannabis item that is not derived from naturally occurring biologically active chemical constituents.
(2) Except as otherwise provided by law, it shall be unlawful to sell or distribute a product intended for human consumption that contains tetrahydrocannabinol in any detectable amount to a person under 21 years of age.
c. In addition to any other penalty provided by law, any person licensed by the commission, or any person approved by the commission to sell intoxicating hemp beverages pursuant to section 5 of P.L.2024, c.73 (C.24:6I-48.2), who violates subsection a. or b. of this section shall be subject to any civil penalties or fines adopted by the commission in accordance with P.L. 2021, c. 16 (C.24:6I-31 et al.).
d.
(1) Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or subsection d. of section 5 of P.L.2024, c.73 (C.24:6I-48.2) to the contrary, and in accordance with the authority established pursuant to section 18 of P.L. 2021, c. 16 (C.24:6I-35), the commission, in consultation with the Department of Agriculture and the Attorney General, and within 180 days of the effective date of P.L.2024, c.73 (C.24:6I-48.1 et al.), is authorized to adopt immediately upon filing with the Office of Administrative Law rules and regulations necessary to implement this act.
(2) Following any rules or regulations established by the commission in accordance with subparagraph (1) of this subsection, the commission shall, in consultation the Department of Agriculture and the Attorney General, and in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the provisions of P.L.2024, c.73 (C.24:6I-48.1 et al.).
e.
(1) Nothing in P.L.2024, c.73 (C.24:6I-48.1 et al.) shall be construed or interpreted to limit the enforceability or applicability of the "Agriculture Improvement Act of 2018," Pub.L. 115-334 or the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (C.4:28-6 et al.).
(2) The requirements of this section and section 5 of P.L.2024, c.73 (C.24:6I-48.2) shall apply to any online retail sale of an intoxicating hemp product sold in this State.
(3) The imposition of any fine or other remedy under this act shall not preclude prosecution for a violation of the criminal laws of this State.

N.J.S. § 24:6I-48.1

Added by L. 2024 , c. 73, s. 4, eff. 10/12/2024, except that paragraph (2) of subsection b. of section 4 took effect on September 12, 2024.