February 20, 2021 7 min read

Hemp-derived cannabinoids are making waves across the country, but hemp’s legal status varies state by state. Is Delta-8-THC legal in New Jersey, or is the mildly-psychoactive hemp cannabinoid out of reach for residents of The Garden State?

Thankfully, Delta-8-THC is legal in New Jersey, and you may be able to easily access it in stores and online. 

Before you buy, here’s what you need to know about New Jersey Delta-8 laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Yes, Delta-8-THC is Legal in NJ

Delta-8 New Jersey Laws
Is Delta-8 a Controlled Substance in New Jersey?
Delta-8-THC Possession Limits in New Jersey
Is Delta-9-THC Legal in New Jersey?
Where to Buy Delta-8 in New Jersey
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • New Jersey legalized hemp and all hemp-derivatives, and clearly suggested that hemp-derived cannabinoids are not to be classified as Controlled Substances in the state. That means Delta-8-THC is legal in New Jersey.
  • To ensure that the Delta-8 you purchase is legal, you have to ensure that it is made from legal hemp by a licensed grower.
  • You generally need to be at least 21 years old to purchase Delta-8-THC products made from hemp. You may be able to find it at a limited number of stores in New Jersey, but you can also buy legal Delta-8 online and have it shipped directly to your door.

New Jersey Delta 8 THC Laws

When New Jersey legalized hemp, they also legalized CBD and other hemp-derivatives. In fact, the state’s definition fully aligns with the federal definition for hemp.

The state 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.”

The legislative text goes further to declare that hemp-derived cannabinoids are considered agricultural commodities and are not considered controlled substances.

Thanks to the New Jersey Hemp Program rules and regulations, Delta-8-THC is legal in New Jersey.

Here’s some snippets from New Jersey state law:

NEW JERSEY HEMP PROGRAM

2:25-1.2 Definitions

“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa 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 dry weight 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%.

“Hemp” means 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. Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.

“Hemp Extract” means oil chemically extracted from hemp’s aerial plant part, such as seeds, stalks or flowers, using chemical processes, containing a natural blend of phytocannabinoids, and includes cannabidiol, or “CBD” oil.

“Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids.

“THC” means delta-9-tetrahydrocannabinol, which is a psychoactive component in cannabis plants.

Hemp plants in full bloom, just before being harvested to make legal Delta-8-THC.

Is Delta-8 Legal in Nearby States?

Similar laws have been used to legalize Delta-8 in some of New Jersey's neighboring states, like Pennsylvania and New York. That means that the local hemp market may include a large mix of products from states that may not be very well regulated, so you should inspect products carefully before you buy.

Is Delta-8 a Controlled Substance in New Jersey?

The New Jersey Hemp Program declares that “hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.”

Because the state’s definition of hemp includes all cannabinoids, extracts, isomers, and other derivatives, Delta-8-THC is not to be considered a controlled substance in New Jersey.

Delta 8 New Jersey Possession Limits

New Jersey law does not define any possession limits for hemp-derived products, including Delta-8-THC.

Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.

Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.

Is Cannabis (Delta 9 THC) Legal in New Jersey?

Yes! Voters approved Question 1 on the 2020 General Election Ballot, paving the way for the legalization of recreational cannabis in 2021. The state has allowed cannabis access for qualifying patients since the Compassionate Use Medical Marijuana Act became law in 2010.

Where to Buy Delta 8 in NJ?

A selection of Delta-8 vaporizers, a fast acting type of product that's available online and in stores where Delta-8-THC is legal.

According to state hemp laws, legal hemp products can be sold in the state so long as it is produced in accordance with the state’s hemp plan. If you’re looking to buy Delta-8-THC in New Jersey, you may be in luck!

Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

Is Delta-8-THC Legal to Buy Online?

At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. That means they are legal to buy online from any area where D8 is legal.

We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

What Kind of Delta-8-THC Can You Buy in NJ?

When you buy Delta-8 online, you can access a wide variety of different Delta-8-THC products that you may not be able to find in local stores. There are many different D8 products on the market, but the most popular dosing methods include:

Delta-8 Gummies

Our Elev8 Delta-8 gummies are perfectly portioned 10 mg doses that may be perfect for beginners or moderate THC users. Gummies are a popular form of Delta-8 known for their slow-building, long-lasting effects.

Delta-8 Hard Candies

Delta-8 hard candies are a unique dosing style that dissolves in the mouth and is absorbed by the mucous membranes under the tongue. That means they take effect more quickly than traditional edibles. They also come in a variety of flavors and potencies, making them a versatile dosing option.

Delta-8 Tinctures

Delta-8 Tinctures are a less popular dosing form, but they offer a few benefits. For instance, they are easy to measure precisely each time, making it simple to control your dose. Plus, they are often cost-effective since they come in concentrated bottles.

Delta-8 Vape Carts

Delta-8 Carts are likely the most popular dosing style because they take effect almost immediately and are super portable. We offer Delta-8 carts in three varieties: Indica, Sativa, or Hybrid.

Do You Have to Be 21 to Buy Delta-8 in New Jersey?

There are no state regulations that place age restrictions on the purchase of hemp-derived products. Retailers have the right to determine age limits for the purchase of Delta-8 products, but many retailers require consumers to be at least 21 years of age.

Is Delta-8 Federally Legal?

Yes, Delta-8-THC is legal on the federal level. The 2018 Farm Bill officially legalized hemp and all of its constituents, including cannabinoids and isomers like Delta-8-THC.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine its own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in New Jersey according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf
  4. “New Jersey Hemp Program N.J.A.C. 2:25-1 et seq.” https://www.nj.gov/agriculture/divisions/pi/pdf/NJHempProgramSummaryandRules.pdf
  5. “SENATE CONCURRENT RESOLUTION No. 183” https://www.njleg.state.nj.us/2018/Bills/SCR/183_I1.PDF
  6. “New Jersey Compassionate Use Medical Marijuana Act” https://www.njleg.state.nj.us/2006/Bills/S0500/88_I1.HTM

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