Is CBD Legal In New Jersey?

by in US Law September 26, 2019

CBD Oil is Legal at the Federal Level

In 2018, President Trump signed the 2018 Farm Bill into law. One of the provisions in that bill shifted CBD away from its former status as a Schedule 1 drug. As such, CBD can be processed and sold (per the federal government) in the United States. However, all fifty states have the ability to enact their own laws when it comes to regulating substances like CBD. As a result, CBD is not necessarily legal across the country.

Is CBD Allowed in New Jersey?

Yes, CBD is legal in New Jersey. While New Jersey has made laws regarding medical marijuana (it does have a fully functional medical marijuana program which was recently expanded), there was a complete lack of laws when it comes to CBD. The default assumption in the Garden State had been that CBD is legal as a result of the 2018 Farm Bill, even though the state never specifically authorized its sale.

In 2019 New Jersey passed a law specifically allowing hemp based products, and allowing for all manner of CBD oil products to be sold throughout the state with no restriction. The law specifically states that products containing CBD that are derived from hemp are to be handled as and considered to be food products. This is in contradiction to the ruling of the FDA which states that CBD is not authorized for inclusion in food.

As such, it appears that New Jersey customers are free to purchase CBD, either at a physical location or over the internet. Given the federal legalization, there are no prohibitions about carrying CBD across state lines, as long as the CBD contains less than .3% THC (or Tetrahydrocannabinol, the chemical in marijuana associated with “getting high”).

Hemp in New Jersey

New Jersey Governor Phil Murphy signed a law in November which established a hemp pilot program. Under that program, industrial hemp could be grown under a strict set of regulations and in conjunction with a research project, managed by a New Jersey institute of higher education.

In 2019 Governor Murphy signed A5322 into law. That piece of legislation dramatically expanded the state’s hemp program. 

The new law requires New Jersey hemp growth to be consistent with already existing hemp regulations, set penalties, allow for the creation of regulations which govern the inspection of hemp, and require periodic testing to ensure compliance with THC levels.

Author: Leafwindow Team

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