Personal THC consumption was legalized in New Jersey in 2019 which ended cannabis prohibition and replaced it with a system to tax and regulate cannabis for adults 21 and over. Following the Agricultural Act of 2018 ("2018 Farm Bill"), which legalized CBD and hemp production nationally by removing hemp and its derivatives (Cannabis sativa-L containing no more than 0.3% THC) from the Controlled Substances Act, New Jersey chose to legalize the production and sale of certain hemp-derived THC and CBD products.
Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act into law, legalizing and regulating cannabis use and possession for adults 21 years and older and decriminalizing marijuana and hashish possession.
At the state-level the New Jersey Hemp Farming Act was signed into law by Governor Philip Murphy on August 9, 2019. On December 27, 2019, New Jersey was among the first three states to have its Hemp Program approved by the USDA. The Act gave the New Jersey Department of Agriculture the authority to permit farmers to grow industrial hemp in New Jersey.
The New Jersey Department of Agriculture’s Division of Plant Industry is responsible for inspecting hemp growing facilities and testing hemp varieties. The Recreational Cannabis Program as well as the Medical Marijuana Programs are being regulated by the New Jersey Cannabis Regulatory Commission.
Marijuana is legal in New Jersey for both medical and recreational users, with some restrictions. Starting August, 2021, adults 21 and older may possess cannabis and purchase cannabis products in licensed stores.
While the words “cannabis” and “marijuana” are used interchangeably, the Cannabis Regulatory Commission has made a legal distinction between the two. Two sets of laws govern the sale, use, and possession of cannabis, which is the name New Jersey uses for the drug sold legally at state-approved dispensaries. The laws use the name marijuana for the drug when it is sold or obtained outside these stores.
In each transaction, dispensaries are allowed to sell up to the equivalent of 28.35 grams or 1 ounce of usable cannabis. That means up to:
- 28.35 grams (1 ounce) of dried flower, or
- 4 grams of solid cannabis concentrates or resin or the equivalent of 4 grams of concentrate in liquid form (solution in milliliters), or
- 4 grams of vaporized formulations (oil), or
- 1000 mg of multiple ingestible cannabis-infused products (10 100 mg packages) like gummies
Medical Marijuana in New Jersey
The term “medical marijuana” refers to using the whole unprocessed marijuana plant or its basic extracts to treat a disease or symptom. Studies show that the marijuana plant contains chemicals that may help treat a range of illnesses or symptoms, and can assist patients suffering from serious medical conditions by alleviating pain and improving their quality of life.
While some states have already legalized marijuana for medicinal purposes, the issue is still being hotly debated in many others. As of 2019, a total of 41 states in the US have successfully legislated medical marijuana programs, with 19 states adopting recreational cannabis programs, and 23 states decriminalizing cannabis entirely.
On July 2, 2019, New Jersey Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”) into law, enacting sweeping reforms to New Jersey’s Medical Marijuana Program, which, until 2018, had only 15,000 patients. The law became effective upon signing.
The Act creates the Cannabis Regulatory Commission (“CRC’), outside of the New Jersey Department of Health, which is charged with developing, expanding, and regulating the medical cannabis industry in the state.1 The Act establishes three distinct permit types (medical cannabis cultivators, manufacturers, and dispensaries), replacing the previous framework which authorized only a single permit for “alternative treatment centers” that covered all three categories.
New Jersey’s Medicinal Cannabis Program (previously the Medicinal Marijuana Program) helps registered patients under the care of licensed medicinal practitioners safely access cannabis-based medicine from regulated and monitored facilities.
As part of medicinal treatment, patients receive cannabis orders from their doctor or other health care practitioner of up to 3 oz for every 30-day period. Cannabis orders are filled at one of the state-licensed Alternative Treatment Centers (ATCs) or dispensaries across New Jersey. Patients unable to travel to a dispensary may designate and register caregivers to make purchases on their behalf.
According to New Jersey state regulations:
- Patient possession limits: three ounces per month
- Qualified medical marijuana patients in New Jersey have the benefit of shopping at medical cannabis dispensaries
- Marijuana medical card-carrying out-of-state patients may legally bring their marijuana into NJ for up to six months.
Hemp Farming Act
Sec. 3 Definitions-Cannabis and Hemp
“Cannabis” means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa 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 dry weight basis has not yet been determined.
“CBD” or “cannabidiol” is a phytocannabinoid found in cannabis, which does not produce psychoactive effects in users.
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant 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 agricultural commodities and not controlled substances.
“Hemp extract” means the 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 producer” means a person or business entity authorized by the department to cultivate, handle, or process hemp in the State.
“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.
Sec. 4—Hemp Producer
- Notwithstanding any other provision of law, rule, or regulation adopted pursuant thereto to the contrary, it is lawful for a hemp producer or its agent to cultivate, handle, or process hemp or hemp products in the State. Nothing in P.L.
- It is unlawful for a person or entity that is not a hemp producer or an agent of a hemp producer to cultivate, handle, or process living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp. A person or entity that is not a hemp producer or an agent of a hemp producer, but who cultivates, handles, or processes living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp, shall be subject to the same penalties as those related to marijuana.
According to the 2018 Farm Bill, hemp and hemp-derived products are legal in all states from a federal perspective. However, it’s worth noting that hemp is defined as cannabis having a maximum of 0.3% Delta 9 THC.
While some states have purposefully made hemp-derived products, like Delta 8 THC, illegal, others like New Jersey allow cannabis and derived products regardless of THC content.