LEGALITY OF HEMP, MARIJUANA, and CANNABIS DERIVED PRODUCTS

*This article pertains to the legality of hemp & marijuana, products in the state of New Jersey. Please check your local regulations for up to date policies and laws. If you have any questions we’re happy to help

IS CBD LEGAL IN NEW JERSEY?

 

CBD is sourced from both hemp and marijuana plants. In New Jersey, both sources are legal.

Hemp and marijuana plants are both the same species. 

Legally, hemp is defined as a cannabis plant that contains 0.3 percent or less THC, while marijuana is a cannabis plant that contains more than 0.3 percent THC. CBD can be derived from both hemp and marijuana plants.

Marijuana-derived CBD was legalized first by Governor Jon Corzine signing into law the Compassionate Use of Medical Marijuana Act in January 2010. This law legalized the use of medical marijuana for patients and medical conditions.

In 2018, the federal government legalized hemp through the 2018 Farm Bill. This bill allows the use of industrial hemp and all its parts (including CBD), as long as the hemp provider is certified and their crops contain no more than 0.3% THC. To be in line with the 2018 Farm Bill, the state’s lawmakers passed the New Jersey Hemp Farming Act in August 2019. 

This finally gave all New Jersey residents access to CBD sourced from hemp. New Jersey State residents can now legally buy, use, and possess hemp-derived CBD. No need for a doctor’s recommendation or joining the state’s medical-marijuana program.

 

DO I NEED A MEDICAL CARD TO BUY CBD?

CBD that is derived from hemp is legal to buy without a medical card throughout the United States. The 2018 Farm Bill and the New Jersey Hemp Farming Act gave all New Jersey residents and residents of other states the ability to buy CBD and other hemp-derived products. 

There is no prescription nor medical card needed to buy CBD Oil in New Jersey. There’s also no possession limits to hemp-derived CBD, as long as its THC level is less than 0.3%.

As for marijuana-derived CBD, you’ll need to register with the state’s medical-marijuana program first. You’ll also need a medical marijuana prescription before you can buy CBD products with higher THC levels.

Persons of all ages have access to CBD derived from industrial hemp in New Jersey, according to its 2018 Farm Bill Law. But, for CBD sourced from marijuana, minors must have a designated caregiver and must be registered with the state’s program to be able to buy, use, and possess medical marijuana products.

 

CAN I TRAVEL WITH CBD or THC?

Regarding travel, you should not get into any legal problem when traveling with hemp-derived CBD in New Jersey or even crossing state borders. Just make sure that your CBD oil is derived from hemp, not marijuana, and has a THC level that doesn’t exceed 0.3% THC. Other marijuana derived products and higher THC levels require a valid state patient card.
Crossing state borders with marijuana-derived products could land you in some legal troubles. On a federal level, marijuana is considered an illegal drug, and traveling with it is a crime.

You can also board a plane with your hemp CBD oil. We recommend bringing a copy of the product’s manufacturer official packaging and/or site showing its THC value.

Flying with marijuana-derived CBD oil though is prohibited since marijuana is still considered an illegal drug.


WHAT IS DELTA 8 | DELTA 9 AND IS IT LEGAL?

Delta 8 THC is legal according to New Jersey state law. Like federal law, New Jersey specifically legalized all derivates, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC. (3Chi Legal Page)

Delta-8-tetrahydrocannabinol (delta-8-THC) is a less common form of THC. Most people are only familiar with delta-9 THC, the most abundant intoxicating cannabinoid in marijuana. Delta-8 can get you high and produce other effects similar to delta-9 THC, but it’s significantly weaker. (CBD Thinker)

Delta 8 is only found in small quantities in cannabis. It’s typically manufactured chemically from the hemp-derived cannabinoid CBD.

Press of Atlantic City describes Delta 8 and Delta 9 industry as confusing for patients and users alike due to the overlap between marijuana, cannabis and hemp products containing delta-8 and delta-9 THC.

Research points out that delta-8 THC bears many health and lifestyle benefits, so it has taken the Medical and Recreational Cannabis industry by storm. Therefore, it is important to understand and educate consumers regarding the popular product.

“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabissativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dryweight basis has not yet been determined.

“CBD” or “cannabidiol” is a phytocannabinoid found in cannabis which does not produce psychoactive effects in users.

“Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported delta-9 THC content concentration in a sample is 0.35%, and the measurement of uncertainty is +/- 0.099%, the hemp would be compliant, because 0.3% falls within the distribution range between .251% and .449%. (3 Chi Legal Page)

Delta-8 and Delta-9 products have increase in popularity, and is sold over the counter in multiple locations in New Jersey and around the country. 

MEDICAL vs RECREATIONAL MARIJUANA LEGALITY

New Jersey State legalized medical marijuana in 2010. Registered patients can legally possess up to 6 ounces of marijuana each month. Home cultivation, however, is still illegal

As for recreational marijuana, it’s now legal in the state after having been approved by over two-thirds of the state’s voters last November 2020. This new law took effect on January 1, 2021, and adults over 21 years of age can now use recreational marijuana legally in New Jersey.

The state still has to set the regulations, infrastructure and distribution, so  it will take several more months before you can enjoy legal weed recreationally in New Jersey.

There are no regulations yet as to how much marijuana you can buy and possess.

Registered patients with valid medical marijuana cards are allowed to smoke marijuana, but only in the privacy of their own homes. Smoking marijuana in public is strictly prohibited in the state of New Jersey.

Allowed forms of CBD and medical marijuana products in New Jersey are oils, flowers, lozenges, and topicals.

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