is cbd legal in nj

All You Need to Know About CBD in New Jersey

CBD, or cannabidiol, is one of more than one hundred cannabinoids contained in cannabis. CBD differs from the other main and well-known cannabinoid found in marijuana, namely THC, in that it does not contain any psychoactive component. This simply means that CBD will not make you high or stoned if you use it.

For this reason, CBD has become widely available across the United States. However, there is still a lot of confusion regarding its legality. Today we look at CBD in New Jersey, including the relevant laws and why you might use it.

CBD Benefits

CBD has many purported health benefits and many have touted it as a treatment for a wide variety of health conditions. They include epilepsy, arthritis, depression, and diabetes, to name just a few.

Studies have shown that CBD has anti-inflammatory, anti-pain, as well as antipsychotic properties. However, the number of human clinical trials studying the effects of CBD has been fairly limited so far.

What has been proven, however, is that CBD is very effective at treating two rare forms of life-threatening childhood epilepsy conditions , namely Dravet Syndrome and Lennox-Gastaut Syndrome.

In 2013, a CNN documentary called “Weed” told the story of a little girl from Colorado named Charlotte, who had Dravet Syndrome. At just five years old, Charlotte was suffering up to 300 grand mal seizures per week due to her rare form of epilepsy.

Somewhat controversially, Charlotte took CBD oil derived from a high CBD-cannabis strain. The results were amazing. Charlotte’s seizures almost completely stopped. The effectiveness of CBD oil as a treatment for Charlotte’s Dravet Syndrome led to hundreds of other families flocking to Colorado to obtain CBD oil to treat their children’s epilepsy.

In June of 2018, The United States Food and Drug Administration (FDA) approved the marijuana-based medication Epidiolex, manufactured by the UK-based company GW Pharmaceuticals. Epidiolex contains a high CBD content but importantly no THC, which is the psychoactive compound contained in cannabis.

Research data published in the New England Journal of Medicine undoubtedly played a part in the approval of Epidiolex by the FDA. This particular study found that Epidiolex successfully reduced epileptic seizures by more than 40%. Doctors use Epidiolex to treat both rare forms of childhood epilepsy – Dravet Syndrome and Lennox-Gastaut Syndrome.

Is CBD Oil Legal in New Jersey?

As marijuana remains classified as a Schedule 1 drug at the federal level, the legality of using CBD oil from marijuana is an important concern for New Jerseyans. Currently, any person who has registered in New Jersey’s Medical Marijuana Program is legally protected against arrest, prosecution or any penalties for possession of marijuana under New Jersey’s Compassionate Use Medical Marijuana Act. Former New Jersey Governor Joe Corzine signed the Act into law on his final day in office on January 18, 2010.

Any person with a qualifying medical condition (see the list below), a written recommendation from a doctor, and who holds an MMJ card can apply for a place on the Medical Marijuana Program in New Jersey. For more information, check out our article on how to obtain an MMJ card in New Jersey.

New Jersey MMJ Qualifying Conditions

List of qualifying conditions for the Medical Marijuana Program in New Jersey:

  • Amyotrophic lateral sclerosis (Lou Gehrig’s disease)
  • Multiple sclerosis
  • Cancer
  • Muscular dystrophy
  • Inflammatory bowel disease
  • Crohn’s disease
  • Any terminal illness with a prognosis of under 12 months
  • HIV or AIDS
  • Seizure disorders (including epilepsy)
  • Intractable skeletal muscular spasticity
  • Post-traumatic stress disorder (PTSD)
  • Glaucoma
  • Severe or chronic pain
  • Anxiety
  • Migraines
  • Tourette’s syndrome
  • Dysmenorrhea
  • Opioid Use Disorder

If you are not registered in the Medical Marijuana Program in New Jersey, it is only legal to use CBD oil derived from hemp . The use of hemp-based products is entirely legal under federal law, under the Farm Bill.

In New Jersey, (and other states in America) it is only legal to use CBD oil which comes from hemp (not from marijuana). This is because CBD oil derived from hemp contains less than 0.3% THC, the psychoactive component of the cannabis plant.

However, if you are a New Jerseyan registered in the Medical Marijuana Program, things are different. If you hold an MMJ card, as well as a written recommendation from a doctor, you can legally use CBD oil from marijuana as well as from hemp, for medical reasons.

What Type of CBD Products are Available in New Jersey?

The most commonly used CBD product is CBD oil , but there are a variety of different CBD products out there, including ointments, concentrates, pills, tinctures, wax, lotions, and even CBD drinks.

Not All CBD Hemp Oil Is Top Quality…

It is important to realize that not all CBD hemp oil is of the same quality. Some health food stores and vape shops stock low-quality hemp oil products sourced from hemp seeds. These hemp seed-based products may have some nutritional benefits , but they do not have any medicinal or therapeutic value.

The reason is that hemp seeds do not contain any CBD oil. CBD oil can only be extracted from hemp via the flowers, leaves, stem, and stalk of a mature hemp plant. It is highly recommended that rather than purchasing low-quality hemp seed products that you source a reputable CBD oil seller instead, either in New Jersey or online.

Where Can I Get CBD Oil in New Jersey?

There are six Alternative Treatment Centers (ATC) in New Jersey. These are licensed dispensaries regulated by the New Jersey Department of Health where medicinal cannabis products are available. To avail of these products, you must be a holder of an MMJ card and have a written recommendation from a doctor.

CBD hemp-based products are available throughout the state of New Jersey, in health food stores and vape shops. There are also a considerable number of products available online too.

Final Thoughts on CBD in New Jersey

If you are a New Jerseyan who has a qualifying medical condition from the list above and you want to use CBD products to treat your health condition, then you should discuss this with your medical practitioner first.

To purchase CBD-based products from any of the six Alternative Treatment Centers in New Jersey, you will need your doctor to write a recommendation letter or note for you and you will need to have an MMJ card. You may also want to discuss registering for New Jersey’s Medical Marijuana program with your doctor so that you can legally use marijuana as well as CBD oil in New Jersey.

We explain everything you need to know about CBD in New Jersey, a state where the law is not as simple as you might think.

Is CBD oil legal in New Jersey?

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  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. New Jersey CBD laws
  4. Where to buy CBD in New Jersey
  5. How to read CBD labels and packaging

Yes. Hemp-derived CBD products are legal in New Jersey. In addition, CBD derived from marijuana plants is legal for qualifying patients authorized to participate in the state’s medical marijuana plan.

For those who are not registered in the medical marijuana program, there’s hemp-derived CBD, which was made legal in New Jersey in August 2019 with the New Jersey Hemp Farming Act, following the 2018 Farm Bill, which legalized industrial hemp at a federal level.

New Jersey completely decriminalized hemp and requires a license to grow or process this agricultural commodity. The New Jersey Department of Agriculture is in charge of licensing and regulations, and the New Jersey Hemp Program was among the first three states to be approved by the US Department of Agriculture.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, which is defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.

Things changed with the passage of the 2014 Farm Bill, which recognized the difference between hemp, which must contain less than .3% THC by weight. Marijuana, on the other hand, is defined as containing more than .3% THC and is still categorized as a Schedule I controlled substance. The Hemp Farming Act of 2018 was signed by President Donald Trump on Dec. 20, 2018, and removed hemp from the list of Controlled Substances, making it legal at a federal level. CBD derived from marijuana plants remains illegal on the federal level, while CBD derived from hemp is legal but governed by rules that the U.S. Department of Agriculture (USDA) has yet to draft.Following the passage of the Farm Bill, the US Food and Drug Administration (FDA) was given the authority to regulate CBD labeling, therapeutic claims, and its use as a food additive. The FDA has taken the stance that hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

While the 2018 Farm Bill did legalize hemp, its production, and the sale of any product derived from it, including CBD, it’s still highly regulated. The bill allows some states to make their own rules for CBD cultivation and sale. States may regulate CBD in food, beverages, dietary supplements, and other products while waiting for final FDA rules.

New Jersey CBD laws

In August 2019, New Jersey lawmakers passed New Jersey Assembly Bill 5322, which set up licensing requirements for growing and processing industrial hemp. While many states moved to legalize hemp production after the passage of the 2018 Farm Bill at the end of the year, New Jersey was one of a few states that started doing so after the 2014 Farm Bill recognized the difference between industrial hemp, from which CBD is derived, and marijuana.

The state passed NJ A1330 in November 2018, adopting the same standard as the federal government, requiring industrial hemp to contain .3% or less THC by weight and setting up a pilot program that was eventually replaced by the subsequent passage of NJ A5322.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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The new statute completely legalized all forms of hemp and products derived from it, as long as the crop was grown in a legal manner with less than .3% THC. Growers and processors must be licensed, and anyone who grows hemp without authorization will be subject to the same penalties as those who get caught growing marijuana. Three violations in five years would result in a five-year ban from growing hemp.

Intentional attempts to skirt the law would be referred to state and federal law enforcement agencies. Hemp products, including CBD, may be transported out and into the state, provided the out-of-state CBD was produced from industrial hemp and not marijuana plants. New Jersey has submitted its plan to the U.S. Department of Agriculture (USDA) and it awaits approval. NJ A5322 specifically states that individuals may still grow hemp in the state if USDA doesn’t approve the state’s plan as long as the grower complies with federal statutes.

Hemp-derived CBD is legal in New Jersey in all forms, including cosmetics, personal products, and food. NJ A5322 allows the state’s health department to set rules around CBD. All hemp is required to undergo testing for THC levels, and any hemp that tests higher than .3% THC must be reported to the producer and the USDA, and may be required to be retested.

New Jersey CBD possession limits

There are no possession limits in New Jersey when it comes to hemp-derived CBD. For medical patients using marijuana-derived CBD, the possession limit for medical marijuana in New Jersey is 2 ounces, or 56.7 grams, of marijuana product in a 30-day period.

There are no possession limits in New Jersey when it comes to hemp-derived CBD, but there is for medical patients using marijuana-derived CBD. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in New Jersey

Smaller, local retailers and health food stores in New Jersey may offer CBD products. Shopping online is another option since the U.S. Postal Service (USPS) has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands, while a list a reputable CBD brands can be found on Weedmaps.

How to read CBD labels and packaging

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a final conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products look for these on the label:

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

Is CBD oil legal in New Jersey? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New Jersey CBD laws