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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 oil dropper

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

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CBD oil dropper

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.

CBD and weed

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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CBD and weed

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.

CBD oil

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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CBD oil

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

Is CBD Legal in New Jersey? – The ABC’s of CBD

Marijuana comes from plants that have hundreds of chemicals known as cannabinoids. The two most notable cannabinoids are the psychoactive Tetrahydrocannabinol (“THC”) and the non-psychoactive Cannabidiol (“CBD”). Hemp, while also derived from the cannabis family, has virtually no THC present thereby causing no psychoactive effect.

The Controlled Substances Act (“CSA”) is the statute under federal law regulating drug policies in the United States. It regulates everything from the manufacturing, possession, use and distribution of certain substances. Under the CSA, Marijuana is considered a Schedule I controlled substance while CBD is considered a Schedule V controlled substance, the least restrictive under the Act. Hemp is no longer treated as a controlled substance pursuant to the Agricultural Improvement Act of 2018 (“Farm Bill”).

Given the extremely small level of THC present in CBD, many people have been asking: is CBD legal in New Jersey? While this is arguably unchartered territory for New Jersey, both the New Jersey State Assembly Bill 1330 and Farm Bill offer some guidance.

Assembly Bill 1330 is known as the New Jersey Industrial Hemp Pilot Program bill. It allows for industrial hemp farming to promote the research and cultivation of industrial hemp to the maximum extent permitted by federal law. Under the Bill the Department of Agriculture may partner with any qualified institution of higher education to administer the program or individual, so long as that individual demonstrates (to the satisfaction of the Secretary of Agriculture) that it has complied with all the federal regulations concerning the cultivation of industrial hemp. A person validly participating in the program is exempt from crimes and penalties related to the purchase, sale, or cultivations of marijuana. The takeaway here – industrial hemp production is now legal in New Jersey provided you participate in the Hemp Pilot Program.

The Farm Bill which was signed into law on December 20, 2018 permits the production of hemp under certain circumstances and authorizes states to regulate hemp production without federal intervention. The Farm Bill defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” See Section 297A. In other words, if the hemp contains more than .3%, it is then treated as a controlled substance. The takeaway here – hemp is no longer treated as a Schedule I controlled substance. Because hemp is no longer a Schedule I controlled substance, hemp derived products can now be sold or purchased.

These two pieces of legislation demonstrate that the state and federal government recognize that hemp can be a viable agricultural crop enabling farmers to diversify their crops. Moreover, programs such as the New Jersey Industrial Hemp Pilot Program would allow for further research on hemp and its medicinal benefits.

So is CBD legal in New Jersey? That all depends on how the CBD was extracted. Hemp derived CBD – because it contains virtually no THC, is legal in New Jersey. As such, individuals interested in producing hemp derived CBD oils, edibles or pain creams are permitted to do so (at least until legislation says otherwise). Cannabis derived CBD is only legal in New Jersey pursuant to the New Jersey Compassionate Use of Medical Marijuana Act (i.e., only if it is sold at an Alternative Treatment Center with a dispensary endorsement).

It should be noted that the legal landscape surrounding CBD is unclear and rapidly changing at both a state and federal level. Thus, if you have any questions or concerns, please feel free to contact our office.

Marijuana comes from plants that have hundreds of chemicals known as cannabinoids. The two most notable cannabinoids are the psychoactive