Selling Hemp, CBD and THC Drinks in New Jersey in 2026: The 0.4 mg Rule and the November 13 Deadline

If you plan to sell hemp, CBD or THC drinks in New Jersey, two numbers and one date control most of what you can do. The first number is 0.4 mg of total THC per container, the line that separates hemp products from cannabis. The second is the beverage cap: 5 mg of THC per serving and 10 mg per container for intoxicating hemp beverages, in effect since May 31, 2026. The date is November 13, 2026, the end of the period in which intoxicating hemp beverages may be sold only through specific license channels.

This guide walks through how to classify your products, set up your business correctly, and avoid the mistakes that trip up new sellers. It reflects the rules as of October 13, 2026.

This article is informational, not legal or tax advice. Talk with a New Jersey attorney and a certified public accountant (CPA) before you stock, price or sell any hemp or THC product.

The rules at a glance

Three rule sets matter. The table below shows which product falls under which limit and who may sell it.

Category	Limit	Who may sell it
Hemp products	No more than 0.4 mg total THC per container and no more than 0.3% THC	Compliant hemp products may be sold by Class 5 retailers. Confirm other seller types with the Cannabis Regulatory Commission (CRC).
Cannabis	Over 0.4 mg total THC per container, or over 0.3% THC. These products count as cannabis since April 13, 2026.	Requires a CRC license.
Intoxicating hemp beverages	5 mg per serving and 10 mg per container, effective May 31, 2026	Until November 13, 2026: ABC plenary wholesale or plenary retail distribution licensees, and Class 5 retailers only.

Read the table carefully. A beverage that meets the 10 mg container cap still contains more than 0.4 mg of THC per container, so the two limits overlap for drinks. Under the CRC's guidance, intoxicating hemp beverages within the caps may be sold through the listed channels until November 13, 2026. Starting November 14, 2026, any hemp beverage over 0.4 mg of total THC per container is cannabis, must be made by a licensed Class 2 cannabis manufacturer and can be sold only by Class 5 retailers. The CRC's FAQ is interim guidance until rules are adopted, so treat it as a working reference, not final law.

What you need before you start

Gather these items before you order inventory or file anything:

• A product sheet for every SKU listing total THC in milligrams per container, THC percentage, container size and serving size.
• Certificates of analysis (COAs) from each supplier for each batch, matched to the lot numbers printed on your packaging.
• Entity formation documents. For an LLC, that is the Certificate of Formation (Public Records Filing for New Business Entity, Title 42). For a corporation, it is the Certificate of Incorporation (Title 14A).
• A federal Employer Identification Number (EIN) from the IRS.
• Your NJ-REG registration and, if you will sell taxable goods, a sales tax certificate of authority.
• Your license status. That means Class 5 retailer status through the CRC, or an ABC plenary wholesale or retail distribution license if you move product at that level.
• A local permit from your municipality. New Jersey counties do not license businesses, and the state issues no general business license.
• A calendar with November 13, 2026 and your LLC or corporation annual report date.

Step 1: Measure total THC for every product

Start with the math, because every other decision depends on it. Take the THC concentration on the COA and multiply it by the container volume. For example, if a COA shows 2 mg of THC per 100 mL, a 355 mL can (12 fluid ounces) contains about 7.1 mg of THC. That is far above the 0.4 mg per container line and above the 5 mg per serving cap if the can is a single serving.

Check the percentage too. The rule is triggered if a product is over 0.4 mg per container or over 0.3% THC, so a product must pass both tests to stay in the hemp category. Record the result for each SKU in your product sheet and date it.

Tip: Test the finished product, not just the raw extract. Concentrations can change after blending, flavoring and bottling, and the COA should match the sealed container you sell.

Step 2: Choose your place in the supply chain

Decide whether you will manufacture, distribute or retail, because each role carries different license requirements. A Class 5 retailer may sell compliant hemp products and, until November 13, 2026, may sell intoxicating hemp beverages within the caps. An ABC plenary wholesale or retail distribution licensee is the other channel allowed for intoxicating hemp beverages during that window. If you are a CBD store that wants to add drinks, confirm your status before you order beverages, not after.

If you grow or process hemp yourself, you need a hemp grower or processor license from the New Jersey Department of Agriculture (NJDA). Check current fees with NJDA Plant Industry.

Step 3: Form or confirm your business entity

If you have not formed your business yet, the state filing fee for an LLC or corporation is $100, effective July 1, 2026. Many older guides still show $125, so do not budget from those. File through the Online Business Entity Filing portal at njportal.com. Online filings are usually entered within about one business day. Expedited service is available only for over-the-counter and fax filings, not online filings.

Before you file, check the name on the state business name search. An LLC name must carry a designator such as LLC, and it must be distinguishable from every other name on the database. Avoid names that suggest a product claim or a medical purpose, since those invite questions from the regulators you will deal with.

Plan for the annual report from day one. An LLC or corporation pays a $75 annual report fee each year, due by the last day of the month in which the business was formed. Two consecutive missed years lead to revocation. New Jersey has no publication requirement, so you do not need to run a newspaper notice after formation. You must name one registered agent with a New Jersey street address; a PO box may be used only if the street address is listed too.

Step 4: Register with NJ-REG

Every business must complete tax and employer registration with the Division of Revenue after forming, using Form NJ-REG. The registration produces your New Jersey tax identification number and, where applicable, a sales tax certificate of authority. The New Jersey state sales tax rate is 6.625%, so your point-of-sale system must charge it on taxable sales. Register through the NJ Business Portal registration page.

Do not confuse the Business Registration Certificate (BRC) with a license. The BRC is proof of NJ-REG tax registration. It is separately required for certain contractors, but it does not authorize you to sell hemp or THC products.

Step 5: Account for the beverage tax

Hemp beverages have been subject to tax since October 12, 2024. Confirm the current rate, how the tax is reported and whether it stacks with sales tax on your product type through the New Jersey Division of Taxation. Ask your CPA to set up the reporting before your first sale, not after your first return is late.

Step 6: Keep every sale in person

Online hemp sales are banned, and so is hemp-beverage vending. Do not sell hemp drinks through a website checkout, social media shop, marketplace listing, or a vending machine in your store or anywhere else. If a customer asks about shipping, the answer is no until the CRC or ABC tells you in writing that a specific arrangement is allowed. Put the rule in your staff training and on your point-of-sale settings so the restriction is enforced, not just written down.

Step 7: Label and market with hedged language

Your labels and signs must describe the product, not promise results. The FDA has not approved most CBD products for treating or preventing disease, and its position is that CBD cannot be sold as a dietary supplement or added to food under its current approach. Write claims in the language of the product itself, for example, "Contains 5 mg of THC per serving" rather than "Helps you relax."

Build your label from the COA and the product sheet, then have an attorney review it before printing. A sign that reads "Calms nerves" creates the same problem as a label that does, regardless of what the supplier said.

Step 8: Prepare for November 13, 2026

The date matters because the beverage channel rule in current law runs only until November 13, 2026. Do not assume the rule will be extended, replaced or lifted. Before that date:

1. Count inventory by SKU and by container, and confirm that every beverage is within the 5 mg per serving and 10 mg per container caps.
2. Ask the ABC and the CRC, in writing, what applies to your products after November 13, 2026, and keep the reply on file.
3. Stop reordering any SKU whose status after the deadline is unclear, and do not commit to new supplier contracts that run past it without legal review.
4. Plan a sell-through or return path for product you may not be able to sell after the deadline.

Step 9: Keep records you can produce on request

Keep the COA for every batch, lot-matched sales records by SKU, your NJ-REG registration, tax filings, and proof of your annual report. Store these for at least as long as your CPA recommends. When an inspector asks where a 2026 bottle came from, a matching lot number and COA should answer the question in minutes.

Common mistakes to avoid

• Trusting the label over the COA. Printed milligram claims are not proof. Match every lot to a current COA.
• Forgetting the container, not just the serving. A can labeled as two servings can still exceed the 10 mg container cap.
• Treating the BRC as a license. It proves tax registration only.
• Budgeting from old fee numbers. The LLC and corporation filing fee is $100 now, not $125.
• Looking for a state general business license. New Jersey does not issue one, and counties do not license businesses. Municipal permits are the local step.
• Selling online or from a vending machine. Both are banned for hemp products and beverages covered by these rules.
• Assuming the 0.4 mg rule and the beverage caps can be read separately. Get written confirmation of how they interact for your product.
• Relying on a supplier's claim that a product is compliant. Your business carries the compliance risk, so verify each batch yourself.

Expected results

If you follow these steps, you should be able to show the following:

• A formed business entity with a current filing record and a calendar reminder for the $75 annual report.
• An NJ-REG registration that produces your state tax identification number and, if needed, a sales tax certificate.
• A product list where each SKU has a documented total THC figure per container and a matching COA.
• A sales process that stays in person and stays within the beverage caps while the November 13, 2026 channel rule is in effect.

For customers, the honest outcome is more modest. Some people choose hemp products for personal reasons, and results can vary from person to person. Describe what the product contains and let customers make their own decisions. Avoid any statement that a product may treat, cure or prevent a condition.

Official sources to check

• Online Business Entity Filing (NJ Business Portal)
• New Jersey business name search
• NJ-REG tax and employer registration
• New Jersey Division of Revenue and Enterprise Services (DORES)
• New Jersey Division of Taxation
• Cannabis Regulatory Commission (CRC): licensing, Class 5 retailer status and the interim FAQ. Search the agency name on nj.gov for its current page.
• Alcoholic Beverage Control (ABC): plenary wholesale and retail distribution licenses. Search the agency name on nj.gov for its current page.
• New Jersey Department of Agriculture, Plant Industry: hemp grower and processor licenses and current fees. Confirm fees on the agency page.

Disclaimer

This article is informational only and is not legal, tax or regulatory advice. Rules for hemp, cannabis and alcoholic beverage sales in New Jersey change, and some CRC guidance is interim until rules are adopted. Confirm every figure and deadline with the named agency before you act, and consult a qualified New Jersey attorney and CPA for your situation.