2021 Update:
Adult cannabis use was legalized in New Jersey on February 22, 2021 when Governor Murphy signed the reform bills.
No updates have been made to hemp- CBD laws in New Jersey.
Original Post
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on New Jersey Hemp Laws and the legality of CBD in New Jersey, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in New Jersey
Is Full Spectrum CBD Legal in New Jersey?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Hemp and CBD are legal in New Jersey and are able to be sold in a variety of forms.
Is It Legal to Ship PCR Hemp Oil to New Jersey?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in New Jersey?
In New Jersey, hemp and CBD products can be bought in retail stores and online.
Do you need a special license to purchase PCR Hemp Oil in New Jersey?
You don’t need a special license to purchase CBD hemp oil (all types) in New Jersey, only to grow, test, transport, or sell products.
How Does New Jersey Legally Define Hemp?
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant 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.
New Jersey ASSEMBLY, No. 5322
Growing and Selling Hemp in New Jersey
New Jersey hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow that goes beyond the requirements of the 2018 Farm Bill. Specifically, New Jersey does not allow the public to have access to hemp farms and reserves the right to ban certain strains of hemp flower.
Retail Hemp and CBD products must comply with New Jersey hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The THC must be reported as “total THC”
In addition to New Jersey state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
New Jersey state hemp laws allow for many products, some of which the FDA may be less welcome to:
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Hemp topicals
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
- CBD foods and beverages (conflicts with FDA)
There is some confusion in New Jersey CBD laws because they allow for all products to be sold that are legal under local, state, and federal law. However, they also say that they will permit the sale of 'consumable' CBD products. This would seemingly include CBD beverages and CBD foods that are not permitted by the FDA and federal law.
