New Jersey hasn’t always been the most cannabis-friendly state, but finally passed recreational cannabis laws in 2020. As the industry works itself out, many consumers are confused about cannabis and hemp-derived products, since the state defines the two differently.
Is CBD legal in New Jersey? And if so, is it regulated the same way that high-THC cannabis products are?
Luckily, the state defines hemp and marijuana differently, and CBD products may be even more accessible across the state.
They also impose some regulations on hemp products, but the state laws may not be enough to ensure consumer safety when buying local CBD. You’ll need to decide that for yourself by learning the details of New Jersey CBD laws:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in New Jersey?
Is full spectrum CBD legal in New Jersey?
Does New Jersey have a CBD possession limit?
Can doctors prescribe CBD in New Jersey?
Where to buy CBD in New Jersey?
Can you buy CBD at 18 in New Jersey?
Is CBD legal in all 50 states?
Disclaimer: We’re always working to stay informed on the latest CBD 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.
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
That’s not all—
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
As the federal government passed the 2018 Farm Bill into law, New Jersey was pushing NJ A1330 through. The bill redefined hemp to match the federal definition--as any cannabis material with less than 0.3% THC.
The bill also laid the bones for a hemp pilot program in the state but was eventually replaced by AB 5322 in August of 2019. The new bill imposed stricter licensing requirements and regulations for hemp processing but expanded access to hemp agriculture across the state. The statute also legalized products made from hemp, including its extracts and derivatives.
Of the regulations imposed, one includes lab testing to verify the THC content of any hemp grown in the state. Other states, like Colorado, Oregon, and Utah, require these lab tests as well.
The state does not have legislation regarding CBD edible products, and there are no laws affecting consumer possession limits. Products that contain more than 0.3% THC or are not derived from hemp are considered cannabis products by the state and may be subject to harsher restrictions.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.
Luckily, New Jersey has no laws restricting full spectrum CBD products that contain 0.3% THC or less. Products containing more than 0.3% THC are also legal for adult use in New Jersey as of 2020, but they are considered cannabis products and are subject to different rules.
New Jersey does not define any possession limits for CBD products derived from industrial hemp that meet state requirements. Other CBD products that are derived from cannabis are subject to tighter possession limits.
There’s no need for a prescription to access CBD in New Jersey. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
New Jersey laws make CBD accessible, and the state seems to impose very few regulations regarding the types of CBD products that can be made. That means that you’ll find many different types of CBD in stores across the state, including grocery markets and convenience stores.
However, most of the state’s regulations concern the legal THC content and do not necessarily ensure quality. For that reason, you should tread carefully and inspect every brand and product for yourself before you buy.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
The legal age to buy CBD is not always clear, and most CBD-related legislation doesn’t even cover the topic. In theory, CBD should be accessible to people of all ages, especially since it gained popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
In New Jersey, there are no laws concerning the legal age to purchase CBD. Laws may vary by the local jurisdiction, but generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it's possible that most CBD vendors will require buyers to meet this minimum age requirement as well.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to New Jersey.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in New Jersey, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
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