New Jersey's hemp-drink deadline was supposed to be yesterday. It isn't anymore.
Gov. Mikie Sherrill signed S4635/A5604 on Nov. 12. The Legislature's record now lists it as P.L.2026, c.103. The law swaps the state's fixed Nov. 13 cutoff for a "federal compliance date." That date is Dec. 11, 2026, or the later date the federal hemp redefinition takes effect, and the bill says it "shall not be earlier than December 11, 2026." Licensed ABC and CRC retailers keep selling qualifying intoxicating hemp beverages under today's rules until then.
One caution for New Jersey managers: the CRC's hemp FAQ still showed the old Nov. 13 date when we checked this morning. Go by the signed law, and watch the commission for updated guidance.
New Jersey's fix matters beyond its borders because of the date it chose. It pinned its clock to Washington's, and Washington's clock is now the one most of the country runs on.
The Federal Date, In Plain English
Congress rewrote the definition of hemp in Pub.L.119-37, Sec. 781. A September funding law, Pub.L.119-103, split the start into two dates, according to the Congressional Research Service:
Nov. 12 (already in effect): Products with cannabinoids the plant can't make on its own, such as THC-O, are no longer federally legal hemp.
Dec. 11: Final products with more than 0.4 mg of total THC per container fall outside the definition, and total THC (including THCA) becomes the test.
Nearly every hemp THC drink and gummy on shelves today is above that line. Iowa's health department put it plainly in its FAQ: a 4 mg beverage that passes Iowa's rules "would exceed the new federal 0.4 mg per-container limit."
Will Congress move the date again? Nobody knows. Several House bills would delay the change or swap it for regulation. Marijuana Moment reported Nov. 12 that Sens. Tim Sheehy and Amy Klobuchar were expected to file a regulation bill, but none had cleared a floor vote. FDA also still hasn't published the cannabinoid list and "container" guidance the law calls for. Plan for Dec. 11.
Where The States Fall
Already past their own cliff (7): Illinois, Missouri, Ohio, Virginia, Texas, Oklahoma and California set state rules that bit before Dec. 11. Illinois and Missouri both went live Nov. 12. A federal judge dismissed the Missouri challenge on Nov. 4. In Illinois, about 250 plaintiff businesses are covered by a non-enforcement deal until 5 p.m. Nov. 19, when a federal judge hears their bid for an injunction. Oklahoma's SB 1257 took effect Nov. 1 and counts THCA toward the hemp line.
Long-standing bans or cannabis-only channels (6): Arkansas, Colorado, Vermont, Montana and Washington already kept intoxicating hemp out of general retail or routed it to licensed cannabis stores. Idaho is listed here pending verification. Dec. 11 changes little on their counters.
Tied to the federal date (4): New Jersey (extended to the federal date), Delaware (its new hemp-beverage program is written to end when the federal definition takes effect), Rhode Island (the CCC will enforce 0.4 mg per container from Dec. 11 and wants quarantine lists by Dec. 4) and Iowa (over-limit products come off the state's approved list at the federal dates). Philadelphia also tied its new local ban to the federal definition on Nov. 12.
State program keeps running past Dec. 11 (5): Minnesota's cannabis office says the federal change does not change Minnesota legality. Tennessee's TABC told a law firm it will keep enforcing state law as written. Connecticut, Kentucky and Alabama run state beverage channels with no Dec. 11 off-switch that we found. In these states, products can stay legal under state law while losing federal hemp status. That's the gap that hits supply, shipping and payment processing.
Later state date (1): New Hampshire's SB 624 adds age-21 and total-THC rules on Jan. 1, 2027, according to secondary trackers.
Bills stalled or failed (6): North Carolina (HB 328 is stuck in House Rules), Michigan, Pennsylvania, Massachusetts (CCC hemp study due Dec. 15), Florida and South Carolina. Here the federal rule controls on Dec. 11.
No state action found (21 + DC): In the rest, the federal date is the operative change. That's based on our searches, not a guarantee. Check your regulator.
What Managers Should Do Now
Find your bucket in the table below and put the date on the break-room wall.
New Jersey: keep selling under today's rules, and don't pull drink SKUs as if Nov. 13 still applied.
Illinois and Missouri: the hemp-to-dispensary handoff is happening now. Have a first-visit script ready for shoppers coming over from smoke shops.
Rhode Island: file the quarantine list by Dec. 4.
Everywhere: ask vendors in writing which SKUs exceed 0.4 mg per container, and what their return terms are before Dec. 11.
Don't promise a delay to customers or staff. If Congress acts, adjust then.
Pull any THC-O or other lab-only cannabinoid products now. They lost federal hemp status Nov. 12.
For the full counter playbook, see our hemp phase-out guide and our two-deadline explainer.
State-By-State Table
State | Status | Key date | What it means at the counter | Source |
|---|---|---|---|---|
Alabama | State beverage channel; no Dec 11 trigger found | Jan 1, 2026 rules | State rules unchanged; products over 0.4 mg lose federal hemp status Dec 11 | |
Alaska | No state action found | Dec 11 (federal) | Federal rule controls | |
Arizona | No state action found | Dec 11 (federal) | Federal rule controls | |
Arkansas | Pre-existing ban | In force since July 2025 | Intoxicating hemp already off general shelves | |
California | State cutoff earlier | Jan 1, 2026 (AB 8) | Intoxicating hemp already restricted; cannabis-framework move by 2028 | |
Colorado | Pre-existing cannabis-only channel | 2023 (SB23-271) | Intoxicating products sold through MED licensees only | |
Connecticut | State beverage channel; no Dec 11 trigger found | Oct 1, 2026 | 5 mg package stores / 10 mg cannabis retailers under state law; federal status ends Dec 11 | |
Delaware | Tied to federal date | Expected Dec 11 (trigger date unverified) | New hemp-beverage program auto-ends at federal effective date | |
D.C. | No action found | Dec 11 (federal) | Federal rule controls | |
Florida | Bills died | Dec 11 (federal) | Federal rule controls | |
Georgia | No new action; existing GDA rules | Dec 11 (federal) | State caps remain; federal 0.4 mg applies Dec 11 | |
Hawaii | No state action found | Dec 11 (federal) | Federal rule controls | |
Idaho | Pre-existing restriction (unverified) | n/a | Verify before relying | |
Illinois | State cutoff in force; litigation | Nov 12; plaintiffs to Nov 19 | Over-0.4 mg products are dispensary-only now | |
Indiana | No state action found | Dec 11 (federal) | Federal rule controls | |
Iowa | Tied to federal date | Dec 11 | Over-limit products dropped from state Master Product List | |
Kansas | No state action found | Dec 11 (federal) | Federal rule controls | |
Kentucky | State beverage channel; no Dec 11 trigger found | Ongoing | Package-store CIB rules unchanged; federal status ends Dec 11 | |
Louisiana | No state action found | Dec 11 (federal) | Federal rule controls | |
Maine | No state action found | Dec 11 (federal) | Federal rule controls | |
Maryland | No new action found | Dec 11 (federal) | Federal rule controls | |
Massachusetts | Study pending | CCC study due Dec 15 | Federal rule controls Dec 11 | |
Michigan | Bills in committee | Dec 11 (federal) | Federal rule controls | |
Minnesota | State program continues (regulator confirmed) | Dec 11 (federal) | Lower-potency hemp edibles stay state-legal; federal status changes | |
Mississippi | No state action found | Dec 11 (federal) | Federal rule controls | |
Missouri | State cutoff in force | Nov 12; beverages Dec 11 (agency reading) | Intoxicating hemp routed to licensed dispensaries now | |
Montana | Pre-existing dispensary-only rule | 2025 (HB 49) | Intoxicating hemp already through licensed channel | |
Nebraska | No state action found | Dec 11 (federal) | Federal rule controls | |
Nevada | No state action found | Dec 11 (federal) | Federal rule controls | |
New Hampshire | Later state date | Jan 1, 2027 | Age-21 and total-THC rules (secondary) | |
New Jersey | Tied to federal date | Dec 11 or later, never earlier | Keep selling qualifying drinks under today's rules | |
New Mexico | No action found | Dec 11 (federal) | Federal rule controls | |
New York | No new action; existing OCM rules | Dec 11 (federal) | Existing caps continue; federal 0.4 mg applies Dec 11 | |
North Carolina | Bill stalled | Dec 11 (federal) | Federal rule controls | |
North Dakota | No state action found | Dec 11 (federal) | Federal rule controls | |
Ohio | State cutoff in force; litigation | Mar 20, 2026 | Intoxicating hemp treated as marijuana; PI stayed Oct 7 | |
Oklahoma | State cutoff in force | Nov 1, 2026 | THCA counted; high-THCA hemp is marijuana under state law | |
Oregon | No new cutoff; OLCC process rule | Dec 11 (federal) | Federal rule controls | |
Pennsylvania | Bill failed; Philadelphia local ban | Nov 12 (Phila.); Dec 11 | Philly bans what federal law excludes | |
Rhode Island | Tied to federal date | Dec 11; quarantine list Dec 4 | Over-0.4 mg stock quarantined, not sold | |
South Carolina | Bill failed (secondary) | Dec 11 (federal) | Federal rule controls | |
South Dakota | No state action found | Dec 11 (federal) | Federal rule controls | |
Tennessee | State program continues | Dec 11 (federal) | TABC keeps enforcing TN law; federal status changes | |
Texas | State rules in force; litigation | Jul 31 / Mar 31, 2026 | Non-delta-9 THC controlled; TI ruling pending | |
Utah | No state action found | Dec 11 (federal) | Federal rule controls | |
Vermont | Pre-existing prohibition | Act 178 (2026) | Intoxicating hemp already barred | |
Virginia | State cutoff in force | Aug 15, 2026 | 2 mg total THC per package cap | |
Washington | Pre-existing cannabis-only channel | Existing LCB rule | Detectable-THC products in licensed stores only | |
West Virginia | No state action found | Dec 11 (federal) | Federal rule controls | |
Wisconsin | No state action found | Dec 11 (federal) | Federal rule controls | |
Wyoming | No state action found | Dec 11 (federal) | Federal rule controls |
"No state action found" means CP's targeted searches found no 2026 state cutoff. It is not proof none exists. Check your regulator.
Sources
NJ Legislature, S4635 bill history (shows "Approved P.L.2026, c.103," 11/12/2026): https://www.njleg.state.nj.us/api/billDetail/billHistory/S4635/2026
S4635 passed text: https://pub.njleg.state.nj.us/Bills/2026/S5000/4635_I1.HTM
NJ Governor's Office, Nov. 12, 2026: https://www.nj.gov/governor/news/2026/approved/20261112a.shtml
NJ CRC intoxicating-hemp FAQ (still shows Nov. 13 as of Nov. 14): https://www.nj.gov/cannabis/resources/faqs/intoxicating-hemp/
Congressional Research Service, LSB11496 (Oct. 28, 2026): https://www.everycrsreport.com/reports/LSB11496.html
Marijuana Moment, "First Phase Of Renewed Federal Hemp Product Ban Takes Effect…," Nov. 12, 2026: https://www.marijuanamoment.net/first-phase-of-renewed-federal-hemp-product-ban-takes-effect-as-industry-pushes-congress-for-regulatory-alternative/
NPR/KCUR, "Some states get a head start on upcoming federal hemp ban," Nov. 12, 2026: https://www.npr.org/2026/11/12/nx-s1-6035839/some-states-get-a-head-start-on-upcoming-federal-hemp-ban
Iowa HHS, Federal Hemp Law Changes FAQ: https://hhs.iowa.gov/health-prevention/consumable-hemp/consumable-hemp-federal-hemp-law-changes-faqs
Illinois joint status report, N.D. Ill. (Nov. 6, 2026): https://storage.courtlistener.com/recap/gov.uscourts.ilnd.511062/gov.uscourts.ilnd.511062.10.0.pdf
ILHAA non-enforcement agreement: https://ilhaa.org/pages/non-enforcement-agreement
Block Club Chicago, Nov. 10, 2026: https://blockclubchicago.org/2026/11/10/illinois-delays-hemp-thc-ban-for-250-businesses-that-sued-over-it/
MJBizDaily, "Partial federal hemp ban in effect, lifeline appears for Illinois THC beverages": https://mjbizdaily.com/news/partial-federal-hemp-ban-in-effect-court-oflifeline-to-illinois-thc-beverage-makers/619178/
W.D. Mo. order, Nov. 4, 2026: https://www.govinfo.gov/content/pkg/USCOURTS-mowd-2_26-cv-04170/pdf/USCOURTS-mowd-2_26-cv-04170-0.pdf
Missouri ATC Industry Circular 27-01: http://atc.dps.mo.gov/IndustryCircular/circular-27-01.pdf
N.D. Ohio order, Delta Beverages v. Canepa, Oct. 14, 2026: https://storage.courtlistener.com/recap/gov.uscourts.ohnd.329780/gov.uscourts.ohnd.329780.72.0.pdf
Oklahoma SB 1257 enrolled text (OSCN): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=552198
Rhode Island CCC Bulletin 2026-7 (amended Oct. 8, 2026): https://ccc.ri.gov/media/3386/download?language=en
Delaware HB 373 engrossment: https://legis.delaware.gov/json/BillDetail/GeneratePdfEngrossment?docTypeId=6&;engrossmentId=37959 ; OMC: https://omc.delaware.gov/infused-beverages/
Minnesota OCM bulletin: https://content.govdelivery.com/accounts/MNOCM/bulletins/42840fb
Hemp Law Group (TABC statement, Oct. 28): https://www.hemplawgroup.com/news/tennessee-hemp-december-11-2026
Connecticut DCP infused-beverage FAQ (Oct. 8, 2026): https://portal.ct.gov/cannabis/knowledge-base/articles/thc-infused-beverages
Kentucky Acts 2025 Ch. 82: https://apps.legislature.ky.gov/law/acts/25RS/documents/0082.pdf
Alabama ABC Ch. 20-X-32: https://admincode.legislature.state.al.us/api/chapter/20-X-32
Texas DSHS Consumable Hemp Program: https://www.dshs.texas.gov/consumable-hemp-program ; hearing coverage, Cannabis Business Times (Oct. 30): https://www.cannabisbusinesstimes.com/us-states/texas/news/16125212/court-hearing-set-for-nov-2-on-texas-hemp-businesses-lawsuit-against-department-of-state-health-services
California DCC: https://www.cannabis.ca.gov/cannabis-laws/hemp/
Colorado SB23-271: https://leg.colorado.gov/bills/sb23-271
Vermont Act 178 summary: https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT178/ACT178%20Act%20Summary.pdf
Montana DOR 2025 updates: https://revenue.mt.gov/card/cannabis/2025-legislative-updates
Washington LCB: https://lcb.wa.gov/education/hemp-synthetic-thc-products
New York OCM: https://cannabis.ny.gov/cannabinoid-hemp
North Carolina HB 328: https://www.ncleg.gov/BillLookUp/2025/H328
Pennsylvania SB 49: https://www.palegis.us/legislation/bills/2025/sb49 ; FOX29 on Philadelphia ordinance (Nov. 11): https://www.fox29.com/news/philadelphias-kratom-ban-hemp-restrictions-take-effect-thursday-heres-what-we-know
New Hampshire SB 624 (NHLA, secondary): https://bills.nhliberty.org/bills/2026/SB624
CannaWorldMarket hemp law tracker (secondary): https://cannaworldmarket.com/laws/hemp-law-tracker/