N.J. Stat. tit. 4, ch. 28

in effect

N.J. Stat. § 4:28-6 Short title.

1. Sections 1 through 9 of P.L.2019, c.238 (C.4:28-6 et al.) shall be known and may be cited as the "New Jersey Hemp Farming Act." L.2019, c.238, s.1.

N.J. Stat. § 4:28-7 Findings, declarations relative to hemp.

2. The Legislature finds and declares that hemp is a viable agricultural crop and a potentially valuable agricultural commodity in the State, and that hemp should be cultivated, handled, processed, transported, and sold in the State to the maximum extent permitted by federal law. It is the purpose of P.L.2019, c.238 (C.4:28-6 et al.) to: promote the cultivation and processing of hemp; develop new commercial markets for farmers and businesses through the sale of hemp products; promote the expansion of the State's hemp industry to the maximum extent permitted by federal law; allow farmers and businesses to cultivate, handle, and process hemp, and to sell hemp products for commercial purposes; and to move the State and its citizens to the forefront of the hemp industry. L.2019, c.238, s.2.

N.J. Stat. § 4:28-8 Definitions relative to hemp.

3. As used in sections 1 through 9 of P.L.2019, c.238 (C.4:28-6 et al.), unless the context otherwise requires: “Agent” means an employee or contractor of a hemp producer. “Applicant” means a person, or for a business entity, any person authorized to act on behalf of the business entity, who applies to the department to be a hemp producer in the State. “Commercial sale” means the sale of a product in the stream of commerce at retail, at wholesale, or on the Internet. “Container” means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge. “Container” excludes bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use. “Cultivate” means to plant, water, grow, or harvest a plant or crop. “Department” means the New Jersey Department of Agriculture. “Federally defined THC level for hemp” means the allowed tetrahydrocannabinol concentration for hemp as established pursuant to 7 U.S.C. s.1639o. “Final hemp-derived cannabinoid product” means a hemp-derived cannabinoid product which is in the final form or preparation marketed or intended to be used or consumed by a human or animal. “Handle” means to possess or store a hemp plant on premises owned, operated, or controlled by a hemp producer for any period of time or in a vehicle for any period of time other than during the actual transport of the plant between premises owned, operated, or controlled by hemp producers or persons or entities authorized to produce hemp pursuant to 7 U.S.C. s.1639o et seq. and any state law or rule or regulation adopted pursuant thereto. “Handle” does not mean possession or storage of finished hemp-derived cannabinoid products. “Hemp” means the Cannabis sativa L. plant and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of not more than 0.3 percent on a dry weight basis. “Hemp” includes industrial hemp as such is defined pursuant to this section. Hemp does not include any of the following: (1) any viable seeds from a Cannabis sativa L. plant that exceeds a total tetrahydrocannabinol concentration, including tetrahydrocannabinolic acid, of 0.3 percent in the plant on a dry weight basis; (2) any intermediate hemp-derived cannabinoid product containing: (a) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured outside the plant; or (c) more than 0.3 percent combined total of total tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol, as determined by the United States Secretary of Health and Human Services; (3) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or (4) any final hemp-derived cannabinoid products containing: (a) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; (b) cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant, but were synthesized or manufactured outside the plant; or (c) greater than 0.4 milligrams combined total per container of total tetrahydrocannabinol, including tetrahydrocannabinolic acid, with any other cannabinoids that have similar effects or are marketed to have similar effects on humans or animals as a tetrahydrocannabinol, as determined by the United States Secretary of Health and Human Services. To the extent that the Cannabis sativa L. plant and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, or any product or material is excluded from this definition of hemp, the excluded substance, product, or material shall be considered marijuana or cannabis, as determined by law. “Hemp-derived cannabinoid product” means any intermediate or final product derived from hemp, other than industrial hemp, that contains cannabinoids in any form and is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application. “Hemp-derived cannabinoid product” does not include a drug that is the subject of an application approved under subsection c. or j. of section 505 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s.355. “Hemp producer” means a person or business entity authorized by the department to cultivate, handle, or process hemp in the State. “Industrial hemp” means hemp that is: grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk; grown for the use of the whole grain, oil, cake, nut, hull, or any other non-cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant; grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the federally defined THC level for hemp; a plant that does not enter the stream of commerce and is intended to support hemp research at an institution of higher education as defined in section 101 of the Higher Education Act of 1965, 20 U.S.C. s.1001, or an independent research institute; or grown for the use of a viable seed of the plant produced solely for the production or manufacture of any material described herein. “Intermediate hemp-derived cannabinoid product” means a hemp-derived cannabinoid product which is not yet in the final form or preparation marketed or intended to be used or consumed by a human or animal or is a powder, liquid, tablet, oil, or other product form which is intended or marketed to be mixed, dissolved, formulated, or otherwise added to or prepared with or into any other substance prior to administration or consumption. “Process” means to convert hemp into a marketable form. “Secretary” means the Secretary of the New Jersey Department of Agriculture. “Transport” means the movement or shipment of hemp by a hemp producer, a person or entity authorized to produce hemp pursuant to 7 U.S.C. s.1639o et seq. and any state law or rule or regulation adopted pursuant thereto, or a hemp producer’s or authorized entity’s third-party carrier or agent. “Transport” shall not mean the movement or shipment of hemp-derived cannabinoid products. L.2019, c.238, s.3; amended 2024, c.73, s.1; 2025, c.215, s.1.

N.J. Stat. § 4:28-9 Cultivation, handling, processing hemp or hemp products lawful.

4. a. Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto to the contrary, it is lawful for a hemp producer or its agent to cultivate, handle, or process hemp or hemp products in the State. Nothing in P.L.2019, c.238 (C.4:28-6 et al.) authorizes any person to violate a federal or State law, or rule or regulation adopted pursuant thereto. Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto to the contrary, it is lawful to possess, transport, sell, and purchase legally-produced hemp products in the State. b. It is unlawful for a person or entity that is not a hemp producer or an agent of a hemp producer to cultivate, handle, or process living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp. A person or entity that is not a hemp producer or an agent of a hemp producer, but who cultivates, handles, or processes living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp, shall be subject to the same penalties as those related to marijuana. L.2019, c.238, s.4.

N.J. Stat. § 4:28-10 Regulatory authority over production of hemp; adoption of rules, regulations.

5. a. Pursuant to 7 U.S.C. s.1639p, and to designate itself as the primary regulatory authority over the production of hemp in the State, the department, in consultation with the Governor and the Attorney General, shall promulgate regulations for submission, along with P.L.2019, c.238 (C.4:28-6 et al.), to the Secretary of the United States Department of Agriculture, as a plan under which the State monitors and regulates hemp production. b. No later than 90 days after the effective date of P.L.2019, c.238 (C.4:28-6 et al.) and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department, after consultation with the Governor and Attorney General shall, immediately upon filing proper notice with the Office of Administrative Law, adopt interim rules and regulations to implement P.L.2019, c.238 (C.4:28-6 et al.) and to meet the requirements for federal approval as a state plan pursuant to 7 U.S.C. s.1639o et seq. The regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be in effect for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted by the department in accordance with the provisions of the "Administrative Procedure Act." The rules and regulations adopted pursuant to this section shall include the following: (1) a procedure to maintain relevant information regarding land, fields, greenhouses, or any other location where hemp is produced in the State, including a legal description of the land and global positioning system coordinates, for a period of at least three calendar years; (2) a procedure for testing, including by third parties, using post-decarboxylation or another similarly reliable method, that the delta-9 tetrahydrocannabinol concentration of hemp produced in the State does not exceed the federally defined THC level for hemp, and that hemp products do not exceed the federally defined THC level for hemp when made available to the public; (3) provisions that permit a hemp producer to begin harvest of mature hemp plants within 30 days after the date of sampling, provided that the department may require any plant that is not harvested within 30 days after sampling to undergo retesting; (4) provisions that allow a hemp producer to have testing performed by a third-party laboratory to demonstrate compliance with the federally defined THC level for hemp, provided the laboratory: (a) is registered and accredited in accordance with State and federal law; (b) is registered with the State hemp program; (c) agrees to comply with the department's approved testing procedures; (d) transmits laboratory results directly to the department; and (e) submits to random quality assurance testing by the department to validate the accuracy of testing results; (5) provisions that allow a hemp producer to test its own hemp for the purposes of providing information about hemp's delta-9 tetrahydrocannabinol levels and to certify label statements for a hemp product, as long as the producer's laboratory meets the requirements in paragraph (4) of this subsection; (6) a procedure for the effective disposal of hemp plants, whether growing or not, that are produced in violation of 7 U.S.C. s.1639o et seq., and products derived from those plants; (7) a procedure to comply with the enforcement procedures in section 7 of P.L.2019, c.238 (C.4:28-12), pursuant to 7 U.S.C. s.1639p, and to provide due process for hemp producers; (8) a procedure for conducting annual inspections of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in violation of 7 U.S.C. s.1639o et seq.; and (9) a procedure for submitting the information described in 7 U.S.C. s.1639q, as applicable, to the Secretary of the United States Department of Agriculture not later than 30 days after the date the information is received. c. Upon adoption of rules and regulations pursuant to subsection b. of this section, subsection c. of section 6, and subsection c. of section 7 of P.L.2019, c.238 (C.4:28-12), the department, after consultation with the Governor and the Attorney General, shall submit the rules and regulations, along with P.L.2019, c.238 (C.4:28-6 et al.), for approval to the Secretary of the United States Department of Agriculture as a state plan for monitoring and regulating the production of hemp in the State pursuant to 7 U.S.C. s.1639o et seq. d. (1) If the plan submitted by the department is disapproved by the Secretary of the United States Department of Agriculture, the department, after consultation with the Governor and the Attorney General, shall amend the rules promulgated pursuant to P.L.2019, c.238 (C.4:28-6 et al.) as needed to obtain approval and shall thereafter submit an amended plan. (2) The department shall, as necessary, consult with and seek technical assistance from the Secretary of the United States Department of Agriculture in crafting a satisfactory state plan pursuant to 7 U.S.C. s.1639o et seq. (3) If a plan submitted by the department is disapproved by the Secretary of the United States Department of Agriculture, nothing in P.L.2019, c.238 (C.4:28-6 et al.) shall prohibit the production of hemp in the State pursuant to 7 U.S.C. s1639q or any other federal law, or rule or regulation adopted pursuant thereto, if the production of hemp is not otherwise prohibited by the State. (4) As part of the State plan adopted pursuant to subsection b. of this section, the department shall also submit a certification that the State has the resources and personnel to implement the practices and procedures as provided in P.L.2019, c.238 (C.4:28-6 et al.), pursuant to 7 U.S.C. s.1639p. L.2019, c.238, s.5.

N.J. Stat. § 4:28-11 Inapplicability of act; exceptions.

6. a. Except as otherwise provided, P.L.2019, c.238 (C.4:28-6 et al.) does not apply to the possession, transportation, or sale of hemp products or extracts, including those containing one or more hemp-derived cannabinoids, including cannabidiol. b. In adopting rules and regulations pursuant to P.L.2019, c.238 (C.4:28-6 et al.), the department may consult with relevant public agencies as well as private, nonprofit associations in the hemp industry that promote standards, best practices, and self-regulation in the production of hemp. c. In addition to the rules and regulations required for a state plan consistent with the requirements of 7 U.S.C. s.1639o et seq. and section 5 of P.L.2019, c.238 (C.4:28-10), no later than 90 days after the effective date of P.L.2019, c.238 (C.4:28-6 et al.) and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department, after consultation with the Governor and Attorney General, shall immediately upon filing proper notice with the Office of Administrative Law, adopt interim rules and regulations to promote the cultivating and processing of hemp and the commercial sale of hemp products, while regulating hemp production in the State pursuant to 7 U.S.C. s.1639o et seq. and P.L.2019, c.238 (C.4:28-6 et al.). The rules and regulations shall be effective immediately upon filing with the Office of Administrative Law and shall be in effect for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted by the department in accordance with the provisions of the "Administrative Procedure Act." The rules and regulations shall: (1) establish requirements by which the department authorizes an applicant to be a hemp producer to cultivate, handle, or process or any combination thereof, hemp; (2) provide due process, including an appeal process with retesting, to ensure that hemp producers are not subject to the consequences of inaccurate test results; (3) establish procedures for the department, not more than 30 days after receiving and compiling the following information, to provide the information to the United States Secretary of Agriculture: (a) the hemp producer's name, telephone number, email address, residential address, mailing address, or another form of contact information; (b) the legal description and global positioning system coordinates for each field, facility, or other place where hemp is to be cultivated, processed, or handled; and (c) whether the hemp producer is in compliance with the rules and regulations for the production of hemp in the State. The department shall provide updates to this information as needed; (4) establish non-refundable application, licensure, and renewal fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing the State hemp program, which shall be deposited in the State hemp program account pursuant to section 8 of P.L.2019, c.238 (C.4:28-13); and (5) establish procedures governing hemp shipment within the State and across state lines by third-party transporters who are not authorized hemp producers. The regulations shall include a requirement that all shipments need only be accompanied by a proof of authorization to engage in the commercial sale of hemp, either under a state plan pursuant to 7 U.S.C. s.1639p or the United States Department of Agriculture plan pursuant to 7 U.S.C. 1639q in a state where a state plan has not been approved from the producer of hemp, as well as a travel manifest that lists the origin, destination, product description, and date of transport. In no case shall the department require third-party carriers to be authorized hemp producers in order to transport hemp. d. Except as provided by section 9 of P.L.2019, c.238 (C.24:5-23), a person or business entity may not cultivate, handle, or process hemp, or cause an agent to cultivate, handle or process, in this State or transport, or cause an agent to transport, hemp outside of this State unless that person or business entity is authorized by the department to participate in the State hemp program as a hemp producer. All applicants must apply to the department on a form and in the manner prescribed by the department as described in P.L.2019, c.238 (C.4:28-6 et al.). Upon approval of the State plan by the United States Department of Agriculture, the department shall begin authorizing participation in the State hemp program established pursuant to P.L.2019, c.238 (C.4:28-6 et al.). (1) In addition to any other information deemed necessary by the department, an application shall include: (a) a legal description and the global positioning system coordinates for each location where an applicant intends to cultivate or process hemp; (b) written consent allowing the department, the Department of Law and Public Safety, and any other State or local law enforcement agency to enter onto all premises where hemp is cultivated, handled, or processed to conduct a physical inspection or to ensure compliance with P.L.2019, c.238 (C.4:28-6 et al.) and rules and regulations adopted pursuant thereto; (c) the payment of any fees required by the department; (d) a criminal history record background check on all applicants at the applicant's expense; and (e) any other information required pursuant to rules and regulations adopted by the department. (2) If the department determines that an applicant meets the State hemp program participation requirements, the department shall authorize the applicant to participate in the program as a hemp producer. (3) An applicant who materially falsifies any information contained in an application submitted to the department may not participate in the State hemp program as a hemp producer. L.2019, c.238, s.6.

N.J. Stat. § 4:28-12 Violations, penalties.

7. a. If the department determines that a hemp producer negligently violated P.L.2019, c.238 (C.4:28-6 et al.) or any rule or regulation adopted pursuant thereto, the department shall enforce the violation in the manner provided by 7 U.S.C. s.1639p: (1) The hemp producer shall not be subject to a civil or criminal penalty under subsection a. of this section. A hemp producer shall be required to implement a corrective action plan if the department determines that the person or business entity negligently violated State hemp laws or regulations, including by negligently: (a) Failing to disclose, or provide required information about, a site where hemp is cultivated, handled, or processed; (b) Failing to obtain a necessary license from the department or a necessary authorization from the State or a federal agency other than those required to be a hemp producer; or (c) Producing Cannabis sativa L. with more than the federally defined THC level for hemp. (2) A corrective action plan required pursuant to paragraph (1) of this subsection shall include: (a) A reasonable date by which a hemp producer shall correct the negligent violation; (b) A requirement for periodic reports from the hemp producer to the department about the hemp producer's compliance with the corrective action plan, statutes, and any rules or regulations adopted pursuant thereto, for a period of at least two years from the date of the corrective action plan; and (c) any other measure that the department determines necessary to ensure that the hemp producer complies with the corrective action plan. (3) A hemp producer that negligently violates any law, or any rule or regulation adopted pursuant thereto, governing that person's or business entity's participation in the hemp program shall not be subject to a criminal or civil enforcement action by the State or a local government other than an enforcement action authorized pursuant to this section; provided that the department may adopt rules and regulations establishing measures to ensure compliance with a corrective action plan required pursuant to paragraph (1) of this subsection. (4) A person or business entity found by the department to have negligently violated any law, or rule or regulation governing the person's or business entity's participation in the hemp program three times in a five-year period shall be ineligible to participate in the State hemp program as a hemp producer for a period of five years beginning on the date of the third violation. b. If the department determines that a hemp producer has violated P.L.2019, c.238 (C.4:28-6 et al.) or a rule or regulation adopted pursuant thereto with a culpable mental state greater than negligence, subsection a. of this section shall not apply and the department shall report the hemp producer immediately to the United States Attorney General and the Attorney General of the State, who may, on behalf of the department, investigate the violation and institute proceedings for injunctive or other appropriate relief including civil or civil administrative penalties,or report the matter to an appropriate law enforcement agency. c. In addition to the rules and regulations adopted pursuant to sections 5 and 6 of P.L.2019, c.238 (C.4:28-10 and C.4:28-11), no later than 90 days after the effective date of P.L.2019, c.238 (C.4:28-6 et al.) and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department, after consulting with the Governor and the Attorney General, shall immediately upon filing proper notice with the Office of Administrative Law, adopt interim rules and regulations establishing a schedule of civil and civil administrative penalties for violations of P.L.2019, c.238 (C.4:28-6 et al.) or a rule or regulation adopted pursuant thereto that do not conflict with 7 U.S.C. s.1639o et seq. or P.L.2019, c.238 (C.4:28-6 et al.), and provide notice and appeals processes for hemp producers. The regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be in effect for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted by the department in accordance with the provisions of the "Administrative Procedure Act." Any penalty collected pursuant to P.L.2019, c.238 (C.4:28-6 et al.) shall be deposited in the "New Jersey Hemp Farming Fund" established pursuant to section 8 of P.L.2019, c.238 (C.4:28-13). d. A person who is or has been convicted of an offense relating to a controlled substance under State or federal law may not participate in the State hemp program established pursuant to P.L.2019, c.238 (C.4:28-6 et al.) or produce hemp in the State under any other law for a period of at least 10 years following the date of the person's conviction. This prohibition shall not apply to any person growing hemp lawfully with a license, registration, or authorization under a program authorized pursuant to 7 U.S.C. s.5940 before the date of enactment of P.L.2019, c.238 (C.4:28-6 et al.). L.2019, c.238, s.7.

N.J. Stat. § 4:28-13 "New Jersey Hemp Farming Fund."

8. a. There is established in the Department of Agriculture a special nonlapsing fund to be known as the "New Jersey Hemp Farming Fund." Moneys in the fund shall be used for the administration and enforcement of P.L.2019, c.238 (C.4:28-6 et al.). b. The fund shall be credited with: (1) penalties and fees collected by the department pursuant to P.L.2019, c.238 (C.4:28-6 et al.); (2) moneys as are appropriated by the Legislature; (3) moneys made available to the department for the purposes of P.L.2019, c.238 (C.4:28-6 et al.), including federal funds; and (4) any return on investment of moneys deposited in the fund. L.2019, c.238, s.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026