NEW JERSEY STATE LAWS REGARDING DELTA 8 THC AND CBD
Over two-thirds of states have legalized the use of medical marijuana, while about a third have legalized recreational use. New Jersey was already a medical marijuana state, but also have recently decriminalized marijuana, which has effectively turned New Jersey into a recreational marijuana state as well, for persons over the age of 21.
Governor Murphy signed into law legislation legalizing and regulating cannabis use and possession for adults 21 years and older, A-21. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, and decriminalizing marijuana and hashish possession, A-1897. Governor Murphy also signed S-3454, clarifying marijuana and cannabis use and possession penalties for individuals younger than 21 years old.
Hemp cannabis was legalized at the federal level with the passage of the 2018 Farm Bill, allowing for the cultivation, production, distribution, transportation, sale, and possession of hemp and hemp products containing 0.3% or less THC.
What does this mean for residents of New Jersey, and how does the Garden State treat compounds like cannabidiol (CBD), cannabigerol (CBG), and delta-8-tetrahydrocannabinol?
What is the Legal Status of CBD in New Jersey?
You might think the answer to this question is pretty straightforward since the 2018 Farm Bill legalized hemp cannabis in the U.S., including all 50 states. However, there are still some states such as Kansas, who maintains stricter laws where CBD is concerned.
CBD is legal in the state of New Jersey, for both from hemp derived, as well as marijuana derived products. Especially with the recent decriminalization of marijuana in New Jersey, the sale of CBD has become much less of an issue, even with products with a slight amount of THC.
What About CBG?
When CBG is derived from hemp cannabis, it is considered legal in all 50 states. With that being said, due to all of the above stated laws and regulations in New Jersey, CBG is perfectly legal for sale and possession in the Garden State.
Is Delta 8 THC Legal in New Jersey?
Yes, Delta 8 THC is legal in New Jersey.
New Jersey started it’s own hemp program after the passing of the 2018 Farm Bill, the New Jersey Industrial Hemp Pilot Program was established in November of 2018.
It served as a way of, “regulating the purchase, sale, and marketing of industrial hemp.” In the Act, it also changed some of the language for what New Jersey considers Schedule I controlled substances by adding an exception for industrial hemp.
The Act states:
Tetrahydrocannabinols, except when found in industrial hemp…
What this is says is that Tetrahydrocannabinols, such as Delta-8, are illegal unless the Tetrahydrocannabinols are originating from industrial hemp.
In February 2020, the Act was amended to provide more clarity, and it states that:
The primary federal requirement is to ensure that all hemp grown and processed maintains the appropriate delta-9 THC concentration limit of 0.3 percent on a dry weight basis.
To add, it also defines THC as:
“THC” means delta-9 tetrahydrocannabinol…
Although there has been some controversy surrounding the legality of Delta 8 THC in the State of New Jersey, the Hemp Act makes it clear about what it tests and as well as how New Jersey determines THC-levels for the State’s Hemp Program.
Broad Spectrum vs. Full Spectrum
Full-spectrum CBD contains all of the chemical compounds naturally occurring in the plant, which amounts to roughly 400 substances. Cannabis consists of terpenes, flavonoids, and over 100 cannabinoids that interact with the endocannabinoid system, including Delta 9 THC, the cannabinoid responsible for psychoactive effects.
Hemp cannabis, which is legal federally, features 0.3% or less THC, so it should be legal in every state. The same holds true for New Jersey, in that, the state has it’s own Hemp Program that defines, which is defined above. All hemp products are legal, such as they remain under 0.3% Delta 9 THC. Both Full Spectrum CBD, as well as Broad Spectrum CBD, are legal in the State of New Jersey.
Should I buy Delta 8 THC in New Jersey, or Online?
Most smart people, like you, know shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.
However, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.
To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA’s – and this is the greatest benefits of buying online.
Additional Benefits of Ordering D8 THC online:
- Get better online pricing and seasonal discounts
- Easily read real customer product reviews & see third-party COA’s
- Convenience of ordering from the comfort of your home
- Typically a better product selection with online shops
- Products left on store shelves can expire if they there isn’t a lot of store traffic
What is the Difference Between Delta-8 THC and Marijuana?
Some of the biggest confusion over cannabis products comes from Delta 8 THC and Marijuana (Delta 9 THC) Gummies. While they’re more similar than different, there are important distinctions you should consider before buying.
Both Delta 8 and Delta 9 THC occur naturally within cannabis plants. Both create psychotropic effects in users called a “high.” And both are chemically very similar. In chemical terms, Delta 8 is an isomer of Delta 9, meaning it possesses the same elements but a different chemical structure.
That difference is important. The change in chemical structure causes the molecules to interact slightly differently in the body. Where Delta 9 slots perfectly into receptors in the endocannabinoid system, Delta 8 doesn’t fit as easily.
The chemical difference means that Delta 8 produces a less potent high. Delta 9 THC creates an intense and heady experience. It can make users feel euphoric, get the giggles, feel hungry, and become tired. Delta 8 creates effects that similar, but less potent.
The high Delta 8 produces is gentler and more clear-headed. It’s also less likely to lead to feelings of paranoia.
Is a Medical Card Needed in New Jersey to Order Delta 8 THC Products?
As Delta 8 products are not regulated there are no medicinal Delta 8 THC products to purchase. Therefore, even with a Medical Card for Delta 9 THC, it’s not necessary to show or have a card to purchase D8 products. It was derived from legal hemp — with less than 0.3% of THC — it falls under the same laws as CBD.
You can buy it without a medical license in all delta 8 THC legal states, including the Garden State!