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While ultimate federal treatment of intoxicating hemp products remains up in the air, states keep pressing forward, attempting to make accommodations for pending broad natl ban of those products. This wk, New Jersey Gov Phil Murphy signed a new law that clears a pathway for low-dose hemp bevs to be sold in liquor stores at least until fed law takes effect in mid-Nov. So NJ becomes latest state to treat bevs separately from other types of hemp products while also laying groundwork for adherence to a more restrictive federal posture, if necessary. Hemp products currently in mkt can be sold until Apr 13, NJ Biz wrote explaining new law. Then all hemp products over 0.4 mg THC must move to state cannabis dispensaries, aligning with threshold used by new fed law passed late last yr and taking effect late this yr. But not bevs. From Apr 13-Nov 13, liquor stores will be able to sell lab-tested hemp bevs with up to 5 mg of THC per dose and 10 mg per container to consumers age 21+. Above that, dispensaries get the products, which must be made in NJ.Law also bars online sales and sets a $3.75/gal excise tax, per analysis that experienced hemp bev atty Michelle Bodian shared on LinkedIn. That places the per-gal tax not quite as high as the $5.50/gal tax on spirits, but well above the $0.875 for wine and many multiples of the 12 cents/gal beer excise tax. State regulators will need to fill in additional gaps with various rulemakings in coming wks and mos and the new NJ law tweaks state's hemp and cannabis regulations in a variety of other ways as well.Recall, in late 2024, a fed district court upheld a previous set of hemp regs in NJ when a set of hemp bizzes sued. Those bizzes then appealed the decision to the 3d Circuit of Appeals. For much of last yr, state and industry attys told 3d Circuit judges that they were working toward a resolution in the form of a new state law. The parties have not yet alerted the 3d Circuit of this new legislation and whether or not it resolves their conflict. Meanwhile, usage of the Nov 13 timeline implies willingness by NJ lawmakers to continue to follow the fed mold, including perhaps any delay or extension passed by fed lawmakers.To that end, yesterday, Indiana Rep James Baird introduced a bill that would push back implementation of new fed restrictions on hemp by 2 yrs to Nov 2028. In wake of Congress passing law that would push essentially all of the current intoxicating hemp mkt into cannabis dispensaries (where legal), hemp advocates identified an extension of the timeline as the most feasible short-term scenario, offering more space to cohere around a more robust regulatory system. The prospect of a 2-yr extension was welcomed by hemp advocates as well as top alc bev ally, Wine & Spirits Wholesalers Assn, which framed responsible regulation of hemp bevs as "just common sense," per prexy/CEO Francis Creighton. "Extending this deadline creates space and urgency for policymakers to do this the right way, rather than rushing toward an outcome that risks pushing consumers into unregulated and unsafe markets," he urged.

POLICY: NJ Liquor Stores to Get Low-Dose Hemp Bevs 'til Nov as Fed Bill Seeks to Delay Ban 2 Yrs

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