Delta 8 THC is a cannabinoid grown in the hemp plant that is quickly expanding in popularity nationwide with promising applications in both the medical and recreational field. While Delta 8 THC might feature familiar properties to the main chemical found in your common marijuana, Delta 9 THC, consumption results in different effects and generally less potency towards its users.
But is Delta 8 THC legal in New Jersey?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in New Jersey
As of 10/16/2020, Delta 8 THC is legal according to New Jersey state law. Like the federal law, New Jersey has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
New Jersey shares similar regulations to that of Delta 8 THC in Ohio and Delta 8 THC in New York which also follow the federal farm bill. Without anything changing, Delta 8 THC should be legal for the foreseeable future.
The relevant laws follow:
NEW JERSEY HEMP PROGRAM
“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabissativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dryweight basis has not yet been determined.
“CBD” or “cannabidiol” is a phytocannabinoid found in cannabis which does not produce psychoactive effects in users.
“Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported delta-9 THC content concentration in a sample is 0.35%, and the measurement of uncertainty is +/- 0.099%, the hemp would be compliant, because 0.3% falls within the distribution range between .251% and .449%.
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof 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.
“Hemp Extract” means oil chemically extracted from hemp’s aerial plant part, such as seeds, stalks or flowers, using chemical processes, containing a natural blend of phytocannabinoids, and includes cannabidiol, or “CBD” oil.
“Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids.
“THC” means delta-9-tetrahydrocannabinol, which is a psychoactive component in cannabis plants.
Cannabis Policy in New Jersey
Currently in New Jersey, even a simple possession of cannabis can be punishable with up to six months in jail, but there is hope. In June of 2020, a New Jersey Assembly passed a new decriminalization bill (a. 1897) that would decriminalize possession and distribution of to two ounces, with offenders only seeing a $50 civil fine. Although this bill sounds like it is on the right track, there are loopholes where the criminalization of cannabis users can still continue. New Jerseyans could still actually be arrested (and possibly incarcerated) for possession of cannabis-related paraphernalia (including even the container it is held in).
Good news though! There is a new bill (S. 2535) that has been filed in the house and is seen as a fair and just plan across the cannabis community. If you want to help, contact your local senator and urge them to hold a hearing on S. 2535 and spread the word to your friends and family.
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