Section 24:6I-48.2 - Sale, distribution of intoxicating hemp beverages, restrictions; rules, regulationsa.(1) Notwithstanding P.L. 2021, c. 16 (C.24:6I-31 et al.), or any rule or regulation adopted pursuant thereto, the 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, may sell or distribute intoxicating hemp beverages in accordance with this section and section 4 of P.L.2024, c.73 (C.24:6I-48.1) and the rules and regulations adopted by the Cannabis Regulatory Commission pursuant to subsection d. of this section. (2) Any intoxicating hemp beverage sold or offered for sale pursuant to paragraph (1) of this section shall not be sold to any person under the age of 21, and shall be stored or displayed in a place that is not accessible to customers without the assistance of an employee of the establishment.b.(1) Upon the effective date of P.L.2024, c.73 (C.24:6I-48.1 et al.) the holder of any valid and unrevoked plenary wholesale license or plenary retail distribution license shall not sell any intoxicating hemp beverages. (2) Upon the adoption of rules and regulations by the commission pursuant to subsection d. of this section, any holder of a valid and unrevoked plenary wholesale license or plenary retail distribution license may submit an application to the commission, in a form and manner as determined by the commission, for approval to sell intoxicating hemp beverages. The commission may approve a valid holder of a plenary wholesale license or plenary retail distribution license to sell intoxicating hemp beverages in accordance with P.L.2024, c.73 (C.24:6I-48.1 et al.) and the rules and regulations adopted by the commission.c. Any sale of an intoxicating hemp beverage by a holder of any valid and unrevoked plenary wholesale license or plenary retail distribution license shall be subject to: (1) the sales tax imposed on cannabis in accordance with the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.); and (2) the same local cannabis transfer and user tax imposed on cannabis by a municipality pursuant to section 40 of P.L. 2021, c. 16 (C.40:48I-1). All taxes, fees, penalties, and revenues collected pursuant to this section shall be deposited in accordance with section 41 of P.L. 2021, c. 16 (C.24:6I-50).
d.(1) Notwithstanding the rules and regulations adopted pursuant to subsection d. of section 4 of P.L.2024, c.73 (C.24:6I-48.1), no later than 12 months after the effective date of this section, the commission, in consultation with the Division of Alcoholic Beverage Control shall adopt, immediately upon filing with the Office of Administrative Law, rules and regulations necessary to implement this section. The rules and regulations adopted pursuant to this section shall be effective for a period not to exceed 18 months following the date of filing and may thereafter be amended, adopted, or readopted by the commission in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).(2) The rules and regulations adopted pursuant to this section shall include, but not be limited to, provisions concerning: (c) product testing and safety standards; (d) tetrahydrocannabinol amounts permitted in intoxicating hemp beverages; (e) the number of intoxicating hemp beverages that may be sold to a customer at any given time; and(f) a fee to be charged by the commission to cover the reasonable costs of administering this section. For the purposes of this section, "intoxicating hemp beverage" means a beverage that is an intoxicating hemp product as that term is defined in section 3 of P.L. 2021, c. 16 (C.24:6I-33).
Added by L. 2024 , c. 73, s. 5, eff. 10/12/2024.