INDUSTRY UPDATES

May 12, 2026

State Hemp Policy Update: Connecticut, Delaware, New Jersey

Take Action Now: Use our State Action Center to contact lawmakers and protect the future of hemp in your state.

As state lawmakers across the country are considering legislation affecting hemp-derived products. Below is a state-by-state summary of key bills we are supporting, opposing, or monitoring, along with opportunities to engage where action is needed. Be sure to check back next week for updates on these bills and others, and as always, please share any bills you are hearing about across the states that aren’t mentioned here.

Connecticut

H.B. 5350 (Monitoring)
HB 5350 has now passed both chambers of the Connecticut Legislature and has been sent to the Governor for consideration.

As a reminder, the legislation would restructure the state’s cannabis and hemp framework by redefining “cannabis” to include high-THC hemp products, while expressly excluding compliant hemp (≤ 0.3% total THC), infused beverages, and certain qualifying commercial extracts. The bill would also increase THC limits for infused beverages to 5 mg per container in liquor-licensed channels and 10 mg per container at cannabis retailers, establish a definition for high-THC beverages, and restrict those higher-potency beverages to out-of-state sales. It also creates a comprehensive regulatory structure for infused beverages, including licensing, testing, labeling, distribution requirements, age verification, fees, and on-premises consumption endorsements.

No action requested at this time. We will continue monitoring.

Delaware

HB 395 (Oppose)
HB 395 has been also been introduced in Delaware, and it is a prohibition bill that would classify hemp as marijuana- bringing the state in line with the pending federal ban language..

The bill establishes a threshold for ‘total THC’ content (0.3% for industrial hemp and 0.4 milligrams per container to be classified as marijuana products) and specifying which cannabinoids are considered non-intoxicating. It introduces the concept of ‘counterfeit THC ingredients,’ defined as cannabinoids not naturally produced by the cannabis plant or those synthesized artificially, and restricts their inclusion in products intended for human or animal consumption.

HB 401 (Monitoring)
HB 401 has been introduced in Delaware and would establish a comprehensive regulatory framework for hemp-derived cannabinoid products intended for human consumption. The bill creates a new licensing structure under the Office of the Marijuana Commissioner for retailers selling hemp-derived cannabinoid products for off-site consumption while imposing extensive operational, testing, packaging, labeling, and security requirements on businesses.

Among other provisions, the bill would:

  • limit sales to licensed adult-use retailers,
  • prohibit sales by gas stations, grocery stores, and convenience stores,
  • impose a 10 mg THC per serving cap,
  • require age-gated retail environments and ID verification,
  • mandate extensive product testing and certificates of analysis,
  • prohibit packaging or labeling deemed appealing to children,
  • and impose a 6% excise tax on hemp-derived cannabinoid product sales.

The legislation specifically excludes hemp beverages from the primary regulatory framework established in the bill.

No action requested at this time. We will continue monitoring.

HB 373 (Oppose)
As we previously reported, HB 373 remains a significant concern for the hemp industry in Delaware, and we are continuing our opposition campaign. While the bill allows beverages containing up to 10 milligrams of Delta-9 THC per container and includes product testing, labeling, and youth access safeguards, it would unnecessarily restrict sales to package stores and marijuana retailers while imposing additional taxes, licensing fees, and operational burdens on businesses.

USHR supports reasonable regulation of hemp beverages, including appropriate age restrictions, testing, labeling, and consumer protections. However, Delaware should not adopt a framework that unnecessarily limits consumer access, restricts broader retail participation, and creates barriers for existing lawful businesses.

Delaware residents: Take Action: Contact state lawmakers and urge them to vote NO on HB 395 and HB 373.

Delaware Action Center

New Jersey

A5051 (Monitoring)
New Jersey currently has one of the more restrictive hemp frameworks in the country. Under existing law, many hemp-derived cannabinoid products are prohibited, including products containing certain synthesized cannabinoids and final hemp-derived cannabinoid products containing more than 0.4 milligrams of total THC per container. Current law also permits intoxicating hemp beverages to continue being sold through certain licensed alcohol and cannabis businesses until November 13, 2026, subject to serving size, testing, labeling, and retail restrictions.

A5051 was introduced last week and would revise portions of that existing framework rather than create a wholly new system. Among other changes, the bill would:

  • extend certain May 31, 2026, implementation deadlines related to hemp processing and intoxicating hemp beverages until November 13, 2026,
  • revise the permitted container formats for intoxicating hemp beverages by allowing:
    • cans containing up to 5 milligrams of THC per serving and 10 milligrams per container, and
    • resealable 750 mL bottles containing up to 40 servings of 5 milligrams each, or 200 milligrams total THC per bottle,
  • remove certain requirements that intoxicating hemp beverages be stored behind counters or otherwise inaccessible to consumers,
  • allow licensed alcohol establishments to display intoxicating hemp beverages in customer-accessible areas if certain monitoring, signage, and age-verification requirements are met,
  • require customers purchasing intoxicating hemp beverages to be informed of appropriate serving sizes,
  • allow a 10 percent variance in laboratory testing results for cannabinoid concentrations,
  • and expand the ability of certain alcohol license holders to sell intoxicating hemp beverages for off-premises consumption.

The bill maintains New Jersey’s existing restrictions on many non-beverage hemp-derived cannabinoid products, including the State’s current THC limits applicable to those products.

No action requested at this time. We will continue monitoring.

Visit our State Action Center to see active campaigns across the country!

State Action Center

Check out the latest hemp and CBD updates from across the states!