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New Jersey has made strides in cannabis legalization by passing recreational laws in 2020, leading to some confusion about cannabis and hemp-derived products. Is CBD legal in New Jersey?
Yes, CBD is legal but is regulated differently than high-THC cannabis products. While the state defines hemp and marijuana separately, making CBD products more accessible, regulations may not fully guarantee consumer safety when purchasing local CBD products.
It’s essential to understand New Jersey CBD laws before buying full spectrum CBD products or cannabis oil in the state. Here are the details:
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?
Resources
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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
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 in New Jersey is not clearly defined, with most legislation not addressing it directly. While CBD should theoretically be accessible to all ages, local vendors typically set their own minimum age, often requiring customers to be at least 21, in line with tobacco laws. However, many CBD brands will ship legal CBD products to customers 18 and older in 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.
Yes, CBD gummies are legal in New Jersey, as the state has adopted a relaxed stance on CBD products following the 2018 Farm Bill.
Yes, CBD edibles are legal in New Jersey; however, they must comply with state regulations to ensure safety and quality.
As of now, CBD is illegal in states such as Idaho and South Dakota, which have not yet established laws allowing the sale and use of CBD products.
In New Jersey, anyone can visit a dispensary; however, access to high-THC cannabis products typically requires a medical card or age verification.
You do not need a medical card to buy CBD products in New Jersey dispensaries, but you will need one to purchase medical marijuana.
Yes, New Jersey is a recreational state, having legalized recreational cannabis use for adults 21 and over in 2020.
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