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CBD in New Jersey: NJ State Laws and Where to Buy Legally

CBD Oil Legality in New Jersey: Cannabidiol State Law Regulations in NJ, USA

New Jersey clearly isn’t a hub for the marijuana and cannabis industry. While the state might have a couple laws on the books in favor of user’s right to consume marijuana and hemp, it has not yet legalized either an industrial hemp program or an adult-use cannabis framework. This makes accessing CBD and other hemp derivatives a complicated and difficult process.

New Jersey happens to be in the clear minority when it comes to their regulation of the CBD substance. Most states have a least some framework in-place for an industrial hemp pilot program, and many are making major headway when it comes to the establishment of a substantive adult-use law for users looking to obtain marijuana and cannabis products without a medical reason. But in New Jersey, only the medical cannabis law from 2009 remains.

Even this 2009 medicinal marijuana law is a bit restrictive for the rest of the country, coincidentally. The law only permits users with specific conditions to access a medical marijuana card, and severely limits the work of dispensaries in the expanding market for medicinal cannabis within the state.

Still, the Farm Bill from the United States federal government legalized the hemp industry years ago. As a result, much of the state of New Jersey continues to sell different CBD products with low THC content over the counter. This guide should serve as a basic guide to the legal status of CBD in the state of New Jersey, but readers are ultimately responsible for following and researching the laws of their local, state, and federal government.

CBD Laws in New Jersey

The only law currently on the books regarding legal cannabis is Senate Bill 119. Passed in 2009, this law makes it possible for select patients who have a signed document from their physician to access high-quality medical cannabis and cannabis products. The state has published with the law a list of the conditions for which medical marijuana is considered to be a potential and legal form of treatment. Consumers with a medical marijuana card can obtain marijuana only from licensed medical dispensaries all over the state.

It is important to remember that the existence of the Federal “Farm Bill” creates a slightly more complicated legal atmosphere for low-THC CBD and hemp-derived products. This legislation legalized the hemp industry in all fifty states. As a result, many stores and shops in New Jersey might still be selling CBD products, even without a state-specific law on the books supporting the industry.

Age Requirements for CBD in New Jersey

Under New Jersey law, patients under the age of eighteen can obtain medical marijuana with their doctor’s permission only if their parent or legal guardian submits a document in writing saying that the prescription of marijuana is okay for their child. In all other cases, medical marijuana is only legally allowed to be prescribed to those patients over the age of eighteen.

For CBD which does not qualify as a medical marijuana product, the age requirement is almost invariably eighteen in the state of New Jersey.

Where to Find New Jersey CBD

Medical marijuana products—including CBD—can only be found in medical dispensaries, which must be licensed, tested, and vetted extensively by the state government of New Jersey. These dispensaries are very careful to only sell to those who can legally purchase medical marijuana, but they often offer the most potent and effective CBD products that are available in New Jersey.

It is quite a bit easier for users to get ahold of low-THC and non-medical CBD. This CBD will not usually get the user “high,” and cannot show up on most drug tests because of the low THC content. But it s widely available and still boasts an extensive list of potential benefits for health and mind alike. This form of CBD can be found in smoke and head shops, as well, as some gas stations, food stores, and even convenience stores.

Buying CBD Online in New Jersey

It is legal to buy CBD and have it shipped to New Jersey. Most online retailers have no problem shipping to this state, and online retailers can often offer some of the most comprehensive and variable selections of different CBD products among all distributors of CBD products. However, the online CBD industry seriously lacks oversight, and consumers should be sure to research companies and providers before making a purchase.

Additionally, it could be a serious criminal violation to purchase and possess CBD with a THC content that is above the legal limit in New Jersey. Though the legal status of low-THC CBD is relatively grey in nature, it is still important that users take responsibility and research their local laws to be sure to not violate them. In any case, purchasing CBD online in New Jersey is a viable option.

CBD Oil Legality in New Jersey: Cannabidiol State Law Regulations in NJ, USA New Jersey…

Is CBD oil legal in New Jersey?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. New Jersey CBD laws
  4. Where to buy CBD in New Jersey
  5. How to read CBD labels and packaging

Yes. Hemp-derived CBD products are legal in New Jersey. In addition, CBD derived from marijuana plants is legal for qualifying patients authorized to participate in the state’s medical marijuana plan.

For those who are not registered in the medical marijuana program, there’s hemp-derived CBD, which was made legal in New Jersey in August 2019 with the New Jersey Hemp Farming Act, following the 2018 Farm Bill, which legalized industrial hemp at a federal level.

New Jersey completely decriminalized hemp and requires a license to grow or process this agricultural commodity. The New Jersey Department of Agriculture is in charge of licensing and regulations, and the New Jersey Hemp Program was among the first three states to be approved by the US Department of Agriculture.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, which is defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.

Things changed with the passage of the 2014 Farm Bill, which recognized the difference between hemp, which must contain less than .3% THC by weight. Marijuana, on the other hand, is defined as containing more than .3% THC and is still categorized as a Schedule I controlled substance. The Hemp Farming Act of 2018 was signed by President Donald Trump on Dec. 20, 2018, and removed hemp from the list of Controlled Substances, making it legal at a federal level. CBD derived from marijuana plants remains illegal on the federal level, while CBD derived from hemp is legal but governed by rules that the U.S. Department of Agriculture (USDA) has yet to draft.Following the passage of the Farm Bill, the US Food and Drug Administration (FDA) was given the authority to regulate CBD labeling, therapeutic claims, and its use as a food additive. The FDA has taken the stance that hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

While the 2018 Farm Bill did legalize hemp, its production, and the sale of any product derived from it, including CBD, it’s still highly regulated. The bill allows some states to make their own rules for CBD cultivation and sale. States may regulate CBD in food, beverages, dietary supplements, and other products while waiting for final FDA rules.

New Jersey CBD laws

In August 2019, New Jersey lawmakers passed New Jersey Assembly Bill 5322, which set up licensing requirements for growing and processing industrial hemp. While many states moved to legalize hemp production after the passage of the 2018 Farm Bill at the end of the year, New Jersey was one of a few states that started doing so after the 2014 Farm Bill recognized the difference between industrial hemp, from which CBD is derived, and marijuana.

The state passed NJ A1330 in November 2018, adopting the same standard as the federal government, requiring industrial hemp to contain .3% or less THC by weight and setting up a pilot program that was eventually replaced by the subsequent passage of NJ A5322.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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The new statute completely legalized all forms of hemp and products derived from it, as long as the crop was grown in a legal manner with less than .3% THC. Growers and processors must be licensed, and anyone who grows hemp without authorization will be subject to the same penalties as those who get caught growing marijuana. Three violations in five years would result in a five-year ban from growing hemp.

Intentional attempts to skirt the law would be referred to state and federal law enforcement agencies. Hemp products, including CBD, may be transported out and into the state, provided the out-of-state CBD was produced from industrial hemp and not marijuana plants. New Jersey has submitted its plan to the U.S. Department of Agriculture (USDA) and it awaits approval. NJ A5322 specifically states that individuals may still grow hemp in the state if USDA doesn’t approve the state’s plan as long as the grower complies with federal statutes.

Hemp-derived CBD is legal in New Jersey in all forms, including cosmetics, personal products, and food. NJ A5322 allows the state’s health department to set rules around CBD. All hemp is required to undergo testing for THC levels, and any hemp that tests higher than .3% THC must be reported to the producer and the USDA, and may be required to be retested.

New Jersey CBD possession limits

There are no possession limits in New Jersey when it comes to hemp-derived CBD. For medical patients using marijuana-derived CBD, the possession limit for medical marijuana in New Jersey is 2 ounces, or 56.7 grams, of marijuana product in a 30-day period.

There are no possession limits in New Jersey when it comes to hemp-derived CBD, but there is for medical patients using marijuana-derived CBD. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in New Jersey

Smaller, local retailers and health food stores in New Jersey may offer CBD products. Shopping online is another option since the U.S. Postal Service (USPS) has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands, while a list a reputable CBD brands can be found on Weedmaps.

How to read CBD labels and packaging

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a final conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products look for these on the label:

  • Amount of active CBD per serving
  • Supplement Fact panel, including other ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested Use
  • Full spectrum, broad spectrum, or isolate
  • Batch or date code

Is CBD oil legal in New Jersey? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New Jersey CBD laws