2C:35-10g Sale of intoxicating hemp beverages, certificate of analysis.
12. a. (1) Except as provided in section 11 of P.L.2025, c.215 (C.24:6I-48.5), on or after April 13, 2026, any person or entity that sells, offers for sale, or distributes an intoxicating hemp beverage shall be subject to the penalties established pursuant to section 8 of P.L.2025, c.215 (C.2C:35-10f). (2) On or after November 13, 2026, the sale, offer for sale, or distribution of an intoxicating hemp beverage by any person or entity shall be subject to the penalties established in section 8 of P.L.2025, c.215 (C.2C:35-10f). b. (1) On or after May 31, 2026, an intoxicating hemp beverage sold, offered for sale, or distributed in accordance with section 11 of P.L.2025, c.215 (C.24:6I-48.5) shall only be in the following container forms: (a) a can containing not more than 10 milligrams of total tetrahydrocannabinol per can; or (b) a resealable bottle of 750 milliliters in volume containing 40 servings of five milligrams of total tetrahydrocannabinol per serving or not more than 200 milligrams of total tetrahydrocannabinol per bottle. (2) A certificate of analysis prepared by a laboratory that meets the requirements of paragraph (3) of this subsection shall accompany the sale or distribution of any intoxicating hemp beverage sold or distributed on or after May 31, 2026 and shall certify the amounts of total tetrahydrocannabinol per serving and total tetrahydrocannabinol per container. For the purposes of this paragraph, a cannabinoid concentration that is within 90 to 110 percent of the specified milligrams per serving and per container claimed for that product shall be deemed to be compliant. (3) The certificate of analysis required pursuant to paragraph (2) of this subsection shall be prepared by an independent testing laboratory that complies with the testing established by the commission, provided that such laboratory shall be registered with the Drug Enforcement Administration in the United States Department of Justice and ISO 17025 accredited for all analytes required by the commission. c. The sale of an intoxicating hemp beverage without a certificate of analysis or not in conformity with paragraph (1) of subsection b. of this section shall be liable for a civil penalty of not less than $100 for each container. The penalty prescribed by this section shall be collected and enforced by summary proceedings under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). L.2025, c.215, s.12; amended 2026, c.7, s.2; 2026, c.13, s.2.