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Is CBD Legal in New Jersey? CBD Laws 2022

Is CBD Legal in New Jersey? CBD Laws 2022

NJ CBD laws have changed dramatically in the last two decades — particularly in light of the 2018 Farm Bill, the 2019 New Jersey Hemp Farming Actand the 2020 Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act.

There are no legal age restrictions when purchasing hemp-derived CBD oil (but marijuana-derived CBD may only be purchased by adults over the age of 21). 

Is CBD legal in New Jersey? Simply put, yes. Per the Farm Bill, people of all ages may purchase and possess hemp-derived CBD products. Both the Compassionate Use of Medical Marijuana Act and the CREAMM Act established state-licensed dispensaries where consumers can purchase legal, tested and adequately labeled CBD products. 

CBD Laws in New Jersey: What You Need to Know

Is CBD legal in NJ? Several state laws inform the CBD New Jersey landscape of legislation. Let’s explore each one in more detail:

  • The Compassionate Use of Medical Marijuana Act (2010) – In 2010, then-governor of New Jersey Jon Corzine signed the Compassionate Use of Medical Marijuana Act into law. Per the new legislation, patients suffering from debilitating or severe medical conditions could purchase, possess and use medical marijuana products (including marijuana-derived CBD). But, New Jersey’s medical marijuana program wasn’t perfect — product and consumption regulations were strict, it was expensive to enroll and very few doctors participated in the prescription program. 
  • New Jersey Hemp Farming Act (2019) – In compliance with the 2018 Farm Bill, the New Jersey Hemp Farming Act authorized the growth and sale of hemp for commercial purposes.
  • New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act (2021) – The CREAMM Act legalized recreational marijuana product growth, manufacturing, sale, possession and use by anyone 21 years of age and older living in or visiting New Jersey. Since CBD can be a marijuana product, it is subject to both NJ’s medical marijuana regulations and the CREAMM Act. The Act also stipulates maximum allowable purchase volumes, possession limits and taxes for marijuana product sales, including marijuana-derived CBD.

That said, it’s important to establish a few distinctions that impact CBD legality in New Jersey:

  • Hemp-derived CBD – Hemp-derived CBD is under the purview of the Farm Bill and New Jersey Hemp Farming Act. These products are derived from industrial hemp — cannabis materials containing 0.3% of THC or less. Per the legislation, anyone of any age may grow, manufacture, purchase, possess and use industrial hemp products (like hemp-derived CBD).
  • Marijuana-derived CBD – Marijuana-derived CBD is legislated by the CREAMM Act, which regulates non-industrial hemp and all other marijuana products in the state of New Jersey. New Jersey laws prohibit anyone under the age of 21 from growing, producing, selling, possessing or using marijuana products (including marijuana-derived CBD). 

While product packaging may indicate whether or not a CBD product is hemp- or marijuana-derived, this is difficult to enforce. In addition, possessing marijuana, its components or any marijuana-derived products is still a federal crime — per US law, marijuana is still a controlled substance. 

So, before you rush out to your local dispensary or start browsing at your favorite online CBD retailer, make sure that you carefully review state and federal laws for changes that could impact you. 

Is CBD Legal in New Jersey?

In 2018, the US changed existing laws governing hemp products via the Agricultural Improvement Act (Farm Bill). The legislation federally legalized the growth, production, sale and use of industrial hemp products (cannabis products featuring 0.3% or less THC content) and all of their components — including hemp-derived CBD products like CBD oil. 

The bill also made it legal for anyone of any age to purchase and possess hemp-derived products. These lax age restrictions contradicted numerous New Jersey laws governing marijuana products at the time. 

In the same year, the Industrial Hemp Pilot Program was introduced. Under this legislation, farmers and businesses could only produce hemp for academic and agricultural research. 

But in 2019 New Jersey introduced the New Jersey Hemp Farming Act to comply with the 2018 federal rulings pertaining to hemp-derived products, including CBD. As such, farmers and businesses can now grow, handle, process and sell hemp commercially in New Jersey.

Can I Buy CBD in New Jersey?

CBD oil that passes required testing is available for purchase in cannabis products across the state of New Jersey It must be sold by licensed cannabis retailers both online and in person.

However, consumers cannot purchase food or beverages infused with hemp-derived CBD. Marijuana-derived CBD is legal to infuse in drinks and food products, however. As such, New Jersey residents and visitors will not find CBD in coffee shops, grocery stores or restaurants. 

CBD oil New Jersey laws are also liable to change over time, so pay close attention to local regulations. 

Can I Buy CBD Online?

CBD products are available across numerous reputable online retailers. Often, online vendors provide consumers with a large selection of CBD products as well as a Certificate of Analysis (COA) that indicates the amount of cannabinoids in each product, the THC content and any contaminants. 

When you shop with online suppliers like Zebra CBD, you can also verify that the product is free of pesticides and heavy metals. 

Can I Buy CBD at a Dispensary?

In New Jersey, it’s recommended that consumers visit licensed dispensaries to buy their CBD to verify that the product is high-quality. That said, buyers must be 21 years or older to purchase cannabis products at a licensed cannabis retailer. 

Legal Status of CBD in New Jersey

CBD is legal in New Jersey, and there are no legal age restrictions when purchasing hemp-derived CBD oil (but marijuana-derived CBD may only be purchased by adults over the age of 21). 

It’s advised that CBD consumers in New Jersey pay close attention to CBD legislations since state laws may change.

Legal Disclaimer

The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.

FAQ

1. Is CBD legal in New Jersey?

Yes, CBD products are legal in New Jersey when sold by licensed cannabis retailers.

2. How old do you have to be to buy CBD in New Jersey?

Users must be 21 to purchase marijuana-derived CBD, but hemp-derived CBD products are available to people of all ages.

3. Can I sell CBD products in New Jersey?

Licensed cannabis producers and processors can sell CBD products that have undergone state-required testing and screening for cannabinoid potency and toxin levels.

Source: 

New Jersey Cannabis Regulatory Commission. Recreational Use. https://www.nj.gov/cannabis/adult-personal/

Congress.gov. H.R.2 – Agriculture Improvement Act of 2018. https://www.congress.gov/bill/115th-congress/house-bill/2/text

State of New Jersey Department of Agriculture. New Jersey Hemp Program. https://www.nj.gov/agriculture/divisions/pi/prog/nj_hemp.html