Is CBD Oil Legal in New Jersey?

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Is CBD Oil Legal in New Jersey?

CBD oil is legal in New Jersey. According to New Jersey Hemp Farming Act (New Jersey Assembly Bill 5322), hemp-derived cannabinoids, including cannabidiol, are considered an agricultural commodity and not a controlled substance. This implies that CBD oil, capsules, gel, etc., are legal in New Jersey. Likewise, marijuana-derived CBD is legal in the state, in accordance with the New Jersey Compassionate Use of Medical Marijuana Act enacted in January 2010, legalizing the medical use of marijuana. Under New Jersey law and the 2018 Farm Bill, persons of all ages can use CBD sourced from industrial hemp, provided its use complies with state laws. However, minors can only use CBD derived from marijuana if they have a registered designated caregiver and are registered with the New Jersey Medicinal Marijuana Program.

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What are New Jersey CBD Laws in 2024?

The laws authorizing the use of CBD in New Jersey are the New Jersey Assembly Bill 5322, New Jersey Assembly Bill 1330, and New Jersey Compassionate Use Medical Marijuana Act (CUMMA).

Retail sales of hemp products, including CBD processed outside New Jersey, may be conducted in the state if the products and the hemp used in the products were cultivated and manufactured legally in another state or jurisdiction. However, such state or jurisdiction must have substantially similar requirements for cultivating and processing hemp as New Jersey. The law requires that hemp-derived CBD is tested for THC levels before it is released to the public

New Jersey Assembly Bill 5322

The state's legislators passed New Jersey Assembly Bill 5322 in August 2019. The law established the licensing requirements for cultivating and processing industrial hemp. Following the enactment of the law, hemp was no longer classified as a controlled substance due to the presence of hemp-derived cannabinoids. Hence, it became lawful for a hemp producer or agent to cultivate, handle, process, transport, sell, and purchase legally-produced hemp from which CBD is derived. However, persons or entities not registered as hemp producers or agents shall be subject to the same penalties as marijuana-related offenses.

Under A5322, CBD processed from hemp is only certified as a product ready for use if it does not have more than 0.3 percent delta-9 tetrahydrocannabinol concentration. A5322, in line with the Hemp Farming Act of 2018, allows hemp producers to transport CBD across state lines legally. It can also be exported to foreign countries in a manner consistent with federal law and the laws of the destination foreign countries. New Jersey Assembly Bill 1330

The New Jersey legislature passed NJ A1330 in November 2018. The law requires entities seeking to plant, grow, harvest, possess, process, distribute, buy, or sell industrial hemp in New Jersey to apply to the Secretary of Agriculture for an industrial hemp license. The bill defines the procedures and requirements for applicants of the industrial hemp license. It also states the procedures and conditions for fingerprinting and criminal background checks for license applicants. NJ A1330 establishes the New Jersey Department of Agriculture and the Attorney General as the regulatory bodies for industrial hemp commercial activities.

In accordance with NJ A1330, any person authorized to plant, grow, harvest, possess, process, distribute, buy, or sell industrial hemp in New Jersey must:

  • File with the Secretary of Agriculture documentation, stating that the industrial hemp falls within the class of hemp certified by the Secretary of Agriculture to have a concentration of a maximum of 0.3% delta-9-tetrahydrocannabinol by dry weight; and
  • Inform the Secretary of Agriculture and the Attorney General of every industrial hemp sale or distribution the licensee made during the calendar year and the names and addresses of each buyer or recipient

New Jersey Compassionate Use Medical Marijuana Act (CUMMA)

In January 2010, CUMMA was signed to decriminalize the use of marijuana for the treatment of approved debilitating medical conditions. Hence, it became legal to use CBD and other approved marijuana products for treatment. The law authorized the possession of marijuana by qualifying patients, primary caregivers, physicians, alternative treatment centers (ATCs), and other entities operating in accordance with the provisions of the Act. No changes to the laws have been made regarding the use, possession, distribution, sale, and cultivation of hemp and cannabis intended for CBD.

What are New Jersey CBD Possession Limits?

New Jersey laws do not establish any possession limits for hemp-derived CBD. However, a patient's authorized health care practitioner may determine the dosage of CBD they may consume. There is no age limit for the use of CBD for medical purposes, provided it is prescribed by a physician.

Can Doctors Prescribe CBD Oil in New Jersey?

Yes, under the New Jersey Compassionate Use Medical Marijuana Act, doctors can prescribe CBD derived from marijuana to treat registered patients suffering from approved debilitating medical conditions, including:

  • Anxiety
  • Amyotrophic lateral sclerosis
  • Cancer
  • Chronic pain
  • Muscular dystrophy
  • Migraine
  • Opioid Use Disorder
  • Glaucoma
  • Multiple sclerosis
  • Intractable skeletal, muscular spasticity
  • Seizure disorder, including epilepsy
  • Inflammatory bowel disease, including Crohn's disease
  • Positive status for Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)
  • Terminal illness with a prognosis of less than 12 months to live
  • Post-Traumatic Stress Disorder (PTSD)
  • Tourette Syndrome

How Old Do You Have to Be to Buy CBD in New Jersey?

New Jersey does not have specific age requirements for purchasing CBD. However, smoke shops and dispensaries will require prospective buyers to be a certain age before selling CBD products to them. Most outlets will only sell CBD to individuals over the age of 18 in New Jersey.

What are the Licensing Requirements for CBD in New Jersey?

New Jersey requires persons who intend to grow, produce and sell hemp for CBD or CBD products to register with the New Jersey Department of Agriculture (NJDA) Hemp Program to get an industrial hemp license. An applicant is required to download and complete the application package, depending on the type of license the applicant seeks to obtain:

The applicant must follow the guidelines listed on the application while completing the application. Some of the information required to complete the application are the applicant's name, business type, mailing address, principal physical address of the business, etc.

In addition, the guidelines on the application package require an applicant to provide documentation and a legal description of the property to grow and process industrial hemp. Instructions for creating maps for submission with the application are included in each application package. Some other required documentation are a copy of the applicant's driver's license, Food Safety Permit (if applicable), FDA Registration (if applicable), and processing, handling, and storage location maps. The maps should include the names, site addresses, location IDs, and GPS coordinates.

After the applicant has completed the form and provided the required documents, they will need to submit a set of their fingerprints if they are applying for the first time. The set of the applicant's fingerprints will be taken by the New Jersey State Police (NJSP). If requested, the applicant must also provide any additional information required to complete a nationwide and statewide criminal history by the New Jersey Department of Law and Public Safety or the Federal Bureau of Investigation. The applicant must bear all costs associated with their criminal history and background check. The NJDA recommends that an applicant submits the NJSP background check request at least two weeks before the application deadline. For more information, see the NJSP Background Check Instructions. Note that applicants with prior criminal convictions shall not be eligible for an industrial hemp license.

After the application package is completed and necessary documentation is provided, the applicant will need to pay a $50 nonrefundable application fee. This fee can be paid in check or money order made payable to the New Jersey Department of Agriculture. Note that the applicant must include the fee with the completed application upon submission. The $50 does not apply to licensing fees and other related fees.

New Jersey requires each package of cannabis and cannabis products to be affixed with a compliant label by a cannabis cultivator or manufacturer, as applicable, before it is transferred to another cannabis business.

The labels affixed to CBD products sold to consumers shall include the following:

  • Amount of active CBD per serving
  • Net weight
  • Supplement Fact panel, including other ingredients
  • Manufacturer or distributor name
  • Full-spectrum, broad-spectrum, or isolate
  • Suggested Use
  • Batch or date code

Individuals in New Jersey can buy CBD oil and other CBD products at licensed Alternative Treatment Centers, convenience stores, supplement centers, wellness centers, vape shops, health food stores, etc. Some companies that produce CBD products also offer consumers the option of shopping online and delivering to them via the U.S. Postal Service (USPS).

What is CBD Oil?

CBD oil is the product of dissolving CBD extract in a carrier oil. Mixing the thick paste of CBD extract with a carrier oil ensures it flows better and keeps longer. The resulting CBD oil is also easier to ingest and make into new formulations.

CBD is the acronym for cannabidiol, one of the two active ingredients in hemp and cannabis. CBD is a major ingredient extracted from hemp, a form of the Cannabis sativa plant that only contains small amounts of Tetrahydrocannabinol (THC). The THC contained in hemp typically does not exceed 0.3% on a dry weight basis. THC, like CBD, is also extracted from Cannabis sativa but unlike CBD, THC has psychoactive effects. These psychoactive effects can cause the user to get high. In addition, THC characteristically produces, in a dose-dependent manner, hypothermia, hypoactivity, and verbal short-term memory impairment. However, CBD does not affect body temperature, locomotor activity, or memory on its own.

THC binds with the cannabinoid 1 (CB1) receptors in a person's brain and produces a high or sense of euphoria. On the other hand, CBD does not bind as strongly as THC does to CB1 receptors, and in some cases, it does not bind at all. When CBD is combined with THC, CBD may help reduce some unwanted psychoactive effects of THC, such as sedation and euphoria.

CBD is mostly presented and used in the form of oil. It is also taken in capsules, tinctures, lozenges, topicals, edible products, creams applied directly on the skin, or by the inhalation of smoke or vapor. Physicians sometimes prescribe CBD for the treatment of:

  • Migraine
  • Seizures
  • Inflammation
  • Pain
  • Anxiety
  • Nausea
  • Inflammatory bowel disease
  • Depression
  • Psychosis or mental disorders

After the Agricultural Improvement Act of 2018 (commonly known as the Hemp Farming Act of 2018) was passed, hemp-derived CBD products (with less than 0.3 percent THC) became legal under federal law. Hemp and cannabis-derived CBD are legal in New Jersey.

What Does CBD Do?

There is strong evidence to support the benefits of CBD for treating certain neurological conditions. Studies show that CBD may have a neuroprotective effect that can help in the treatment of certain mental health disorders. There are promising indications that it is useful for managing anxiety and depression. There is a CBD medication already approved by the FDA for the treatment of certain epileptic seizures.

Anecdotal evidence also suggests that CBD is likely effective for managing chronic pain and inflammatory conditions. It does help people with insomnia and is reported to boost appetite and lower high blood pressure.

Does CBD Show Up on New Jersey Drug Test?

Cannabis drug tests are not intended to detect CBD. However, it is possible to fail such a test while taking CBD products with significant levels of THC. CBD users taking large doses of the cannabidiol or full-spectrum CBD products should generally avoid drug tests looking for THC and its metabolites. Users taking low-THC CBD products may also fail such tests if these products are unregulated and contain more THC than the amounts reported on their labels.

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