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 regulat We explain everything you need to know about CBD in New Jersey, a state where the law is not as simple as you might think.
Is CBD Legal in New Jersey?
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:
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 is legal in New Jersey, and the state imposes very few regulations on the types of products that can be made.
- There are no age limits or prescription requirements, but vendors may require you to be 21 or older to purchase CBD.
- Most state regulations are concerning the THC content, which is important but does not ensure clean and effective CBD products. Certain practices, like buying CBD online so that you can properly vet your CBD brand, may reduce the risks of buying low-quality formulas.
Legal Concerns About CBD
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.
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.
What are the CBD laws in New Jersey?
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.
Is full spectrum CBD legal in New Jersey?
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.
Does New Jersey have a CBD possession limit?
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.
Can doctors prescribe CBD in New Jersey?
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.
Where to buy CBD in New Jersey?
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.
Can you buy CBD at 18 in New Jersey?
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.
Is CBD legal in all 50 states?
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.
Is CBD Oil Legal in NJ? All You Need to Know
In most American states, CBD oil is available for sale. This is even though the cannabinoid isn’t federally legal. The 2018 Farm Bill legalized the growth of industrial hemp with a maximum THC content of 0.3%. However, it didn’t explicitly legalize cannabidiol.
While it isn’t federally permitted, each state has its own laws regarding CBD. In all but a handful of them, the cannabinoid is tolerated and sold in thousands of locations. The rules surrounding CBD can cause confusion, so we have created guides for different states. Today, it is the turn of New Jersey.
Is CBD Legal in New Jersey?
Yes. As long as your CBD is hemp-derived with a maximum THC content of 0.3%, you should experience no issues buying CBD in New Jersey. Furthermore, there are no restrictions on the type of CBD product on sale in New Jersey. While CBD oil remains the most popular option, you can also buy:
Unlike in many states, New Jersey does regulate its CBD market. Only licensed growers and processors are allowed to deal with hemp. Anyone who cultivates the crop without authorization is treated the same as someone who illegally grows cannabis. This means growing more than an ounce could result in up to three years in prison!
All hemp cultivated in the state must contain a maximum of 0.3% THC. Hemp with more than this level is destroyed. Also, three violations in five years result in a five-year hemp cultivation ban.
New Jersey CBD Laws
As such, there is little issue surrounding the legality of CBD oil in New Jersey. Residents have been free to purchase it for years. The state passed NJ A1330 in November 2018. It required all industrial hemp grown in New Jersey to contain a maximum of 0.3% THC by dry weight. It also set up a hemp cultivation pilot program.
In August 2019, legislators passed NJ Assembly Bill 5322. This outlined the licensing requirements for cultivating and processing hemp. However, New Jersey had already recognized the difference between hemp and marijuana after the 2014 Farm Bill was passed.
Where to Buy CBD in NJ?
Those eligible for the medical marijuana program can only buy cannabis from licensed Alternative Treatment Centers. However, it is possible to purchase CBD oil from hundreds, if not thousands, of locations within New Jersey. Countless physical stores sell the cannabinoid. Here are five of the top-rated sellers of CBD in the Garden State.
Name of Store
Let’s Smoke Shop
95 Bloomfield Ave, Newark, NJ 07104, United States
Bloody Good Vape and Smoke Shop
327 Main St, Paterson, NJ 07505, United States
2022 Morris Ave, Union, NJ 07083, United States
Urge Smoke Shop
941 Elizabeth Ave, Elizabeth, NJ 07201, United States
The Green Room – Hoboken
64 Newark St., Hoboken, NJ 07030, United States
However, you might find that there’s a greater choice of products online. You can also check out third-party lab reports to find out what is in each product. Here are five online CBD brands that provide world-class products.
Marijuana Laws in New Jersey
The state legalized medical marijuana in 2010. However, it was considered the strictest MMJ program in the United States for several years. Eventually, though, the state’s medical-marijuana program became more accessible.
There was soon a drive to fully legalize marijuana. On January 1, 2021, an amendment legalizing recreational cannabis became part of the state constitution. Governor Phil Murphy signed bills effectively allowing it to go ahead in February 2021.
Recreational marijuana is now technically legal in New Jersey, but sales are yet to begin.
Residents of New Jersey aged 21+ can purchase and possess up to an ounce of weed. At present, however, recreational marijuana sales have yet to begin in the state. Indeed, the Garden State has already missed a February 2022 deadline for beginning adult-use sales. However, it is hoped that recreational sales will begin in New Jersey sooner rather than later.
Marijuana Penalties in New Jersey
Without legal access to recreational marijuana, New Jersey residents must still have an MMJ card to buy and use it. Otherwise, they continue to face penalties. Fortunately, NJ is one of the most lenient states in the nation regarding marijuana ‘crimes.’
If aged 21+, you can possess up to six ounces of the substance without facing any penalty, although a police officer will confiscate it. A failure to offer your marijuana for confiscation to a law enforcement official is a crime.
Also, you could spend up to 18 months in prison if caught with more than six ounces. The distribution of under an ounce of weed is not a crime on your first offense. However, a reoffense could result in 18 months in jail. Distributing over an ounce is a crime with a potential prison term of 3 – 5 years.
Cultivating more than an ounce is also against the law, and you could spend up to five years in jail if caught!
Final Thoughts on CBD in New Jersey
If you live in New Jersey and have a qualifying medical condition, you can purchase cannabis from an Alternative Treatment Center. You will need a doctor to write a letter of recommendation and complete an application. Recreational cannabis is now legal in New Jersey, but sales have yet to begin.
Until then, you can always avail of CBD oil as it is legal in the state of New Jersey. Ensure any CBD product you buy is hemp-derived and contains a maximum of 0.3% THC. The state has no restrictions on cannabidiol, so you’re free to purchase it at your leisure.