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New Jersey ABC Administrative Order 2026-03: What Liquor License Holders Need to Know About Intoxicating Hemp Beverages

NJ ABC Administrative Order 2026-03: New Rules for Intoxicating Hemp Beverages in New Jersey

The New Jersey Division of Alcoholic Beverage Control (“ABC”) has issued Administrative Order 2026-03, providing guidance and compliance requirements for the sale of intoxicating hemp beverages by New Jersey liquor license holders.

For bars, restaurants, liquor stores, distributors, and manufacturers, this Administrative Order represents another major shift in New Jersey’s rapidly evolving hemp and cannabis regulatory landscape.

The Order follows New Jersey legislation signed earlier this year regulating intoxicating hemp-derived products and clarifies how ABC licensees may lawfully sell hemp beverages containing THC.

For businesses holding New Jersey liquor licenses, understanding these rules is critical because violations may expose licensees to:

• ABC disciplinary charges
• monetary penalties
• suspension proceedings
• and potential jeopardy to a liquor license renewal or transfer

What Is an “Intoxicating Hemp Beverage”?

Under New Jersey law, intoxicating hemp beverages are hemp-derived drinks containing THC capable of producing intoxicating effects.

The State’s new regulatory framework was enacted to address the growing market for:

• Delta-8 beverages
• Delta-9 hemp drinks
• THC seltzers
• cannabis-adjacent infused beverages
• and other hemp-derived intoxicating products sold outside licensed cannabis dispensaries

The law and Administrative Order attempt to close what regulators describe as the “hemp loophole” created after the 2018 Farm Bill.

Who Can Sell Intoxicating Hemp Beverages in New Jersey?

According to New Jersey’s current regulatory structure, intoxicating hemp beverages may only be sold by:

• certain New Jersey ABC license holders, and
• licensed Class 5 Cannabis Retailers regulated by the NJ Cannabis Regulatory Commission (“CRC”)

This includes certain:

• plenary retail consumption licensees
• liquor stores
• wholesalers
• and distributors authorized by the ABC

However, the ability of liquor license holders to continue selling these products is temporary and subject to significant restrictions and future phase-outs.

Key Requirements Under Administrative Order 2026-03

Administrative Order 2026-03 establishes compliance obligations for ABC licensees selling intoxicating hemp beverages.

1. THC Limits Apply

Beginning in 2026, intoxicating hemp beverages sold by ABC licensees are subject to THC concentration limits.

Current guidance provides that qualifying beverages generally cannot exceed:

• 5 milligrams of THC per serving, or
• 10 milligrams of THC per container

Pending legislation may modify packaging and container allowances later in 2026.

2. Age Restrictions Are Strictly Enforced

Licensees may not sell THC-containing hemp beverages to anyone under 21 years old.

The Administrative Order reinforces mandatory age-verification obligations and warns licensees regarding underage sales exposure.

3. Product Testing and Certificates of Analysis Are Required

The State now requires intoxicating hemp beverages to undergo laboratory testing and maintain compliant certificates of analysis (“COAs”).

Testing laboratories must meet specific accreditation requirements, including:

• ISO 17025 accreditation, and
• DEA registration requirements

Licensees should verify supplier compliance before purchasing or displaying products.

4. Display and Segregation Rules Apply

The legislation and Administrative Order impose retail display obligations on liquor licensees selling intoxicating hemp beverages.

ABC licensees may be required to:

• segregate intoxicating hemp beverages from alcoholic beverages
• provide serving-size information
• and implement customer access controls

Retailers should review store layouts and operational procedures immediately.

Why This Administrative Order Matters for NJ Liquor License Holders

The New Jersey ABC has historically taken a strict approach to regulatory compliance.

Licensees often underestimate how quickly ABC investigations can arise from:

• unlawful product sales
• improper labeling
• underage transactions
• or inventory compliance failures

For many liquor license holders, intoxicating hemp beverages present unique regulatory risks because they sit at the intersection of:

• alcohol regulation
• cannabis law
• hemp regulation
• consumer protection law
• municipal enforcement authority

As New Jersey regulators continue tightening oversight, liquor licensees should expect:

• increased inspections
• compliance checks
• enforcement actions
• and evolving guidance throughout 2026

Future Changes Are Likely Coming

New Jersey’s hemp beverage rules remain in flux.

Several pending legislative proposals would:

• extend certain deadlines
• modify THC container limits
• revise display requirements
• and further regulate how intoxicating hemp beverages may be sold by ABC licensees

The industry should expect additional guidance from:

• The New Jersey Division of Alcoholic Beverage Control
• The NJ Cannabis Regulatory Commission
• The New Jersey Legislature

How NJ Liquor License Attorneys Can Help

Experienced New Jersey liquor license counsel can assist with:

• ABC disciplinary defense
• Compliance audits
• Retail policy development
• Licensing issues
• Municipal hearings
• Regulatory investigations

Speak With a New Jersey ABC Liquor License Attorney

If your business sells or plans to sell intoxicating hemp beverages in New Jersey, it is important to stay ahead of rapidly changing ABC and cannabis regulations.

NJ ABC Liquor Law Attorney assists:

• liquor stores
• bars
• restaurants
• distributors
• breweries
• hospitality businesses throughout New Jersey with ABC compliance and liquor license matters.

For guidance regarding Administrative Order 2026-03, ABC investigations, or hemp beverage compliance issues, contact an experienced New Jersey liquor license attorney today.