Disclaimer: The information below is fully based on our independent research. While our team does everything in their power to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice. Content on these pages is provided for informational purposes only and those with legal concerns should consult experts within their state.
People throughout the country have become more and more curious about the potential benefits of cannabidiol. Cannabidiol, also known as CBD, is one of over 100 recognized cannabinoids available in marijuana. It is also present in large quantities in industrial hemp. CBD can be preferable because it is completely nonintoxicating while potentially offering therapeutic benefits. Many people feel that CBD helps them manage conditions that include insomnia, depression, anxiety and chronic pain. But, before seeking out any remedy, it’s best to ensure that what you are considering is both available and legal. Is CBD legal in New Jersey? This is the latest information we’ve found.
Is CBD oil legal in New Jersey?
Yes, CBD oil is legal in New Jersey. Hemp-derived CBD products are legal and widely available. There are no quantity or age limits for possessing hemp-based CBD.
New Jersey also has a medical marijuana program that allows qualified patients to acquire marijuana-derived CBD products.
The state also recently legalized recreational use of marijuana, which would make marijuana-based CBD products available to adults throughout the state. However, at the time of this writing, it will still be several months before licensed recreational dispensaries are open in the state.
What are the current CBD laws in New Jersey?
At the current time, both hemp-based and marijuana-based CBD products are available in the state. However, there are some restrictions, particularly in the case of marijuana-based CBD.
New Jersey first began legalizing therapeutic use of cannabis products that include CBD in 2010. On January 18 of that year, outgoing governor Jon Corzine signed the Compassionate Use of Medical Marijuana Act into law. Under the law, individuals with listed conditions that include cancer, HIV/AIDS, Crohn’s disease, glaucoma and any terminal illness could use medical cannabis acquired through licensed treatment centers. However, participation in the program was low due to the strict limitations on the program.
Facing criticism that children with medical conditions could not access medical marijuana, Governor Chris Christie signed legislation that would make it easier for minors to get prescriptions. Under the law, only minors would be able to use edible forms of marijuana outside of lozenges.
Over the years, more conditions were added to the list of those that would make a patient eligible for medical marijuana. These included asthma, chronic fatigue, lupus, fibromyalgia and others.
In 2019, Governor Phil Murphy signed a new medical marijuana expansion into law, the Jake Honig Compassionate Use Medical Cannabis Act.
Legislative attempts were made to legalize marijuana recreationally in the state, but repeatedly collapsed. It was not until a recreational marijuana referendum was put on the 2020 ballot that efforts were successful. New Jersey voters voted to legalize recreational marijuana use for those 21 and up with 67% of the vote.
While efforts to expand access to marijuana-based products, including CBD, were being passed, similar efforts were being made to legalize the production of hemp in the state. Industrial hemp is a rich source of CBD. Many in the state had a strong belief that it could be a lucrative agricultural product.
In 2013, a bill that would establish a license to grow industrial hemp was introduced. It was passed in both the Senate and the House. However, it was pocket vetoed by Chris Christie on January 21, 2014.
Additional attempts were made in both 2014 and 2016. While the 2014 bill got as far as the Assembly Commerce and Economic Development Committee, both bills ultimately died without moving forward.
By 2018, however, attitudes had changed. Congress passed the 2018 Farm Bill, which recategorized industrial hemp from an illegal narcotic to an agricultural commodity. With hemp no longer illegal at the federal level, states were now free to create their own licensed and regulated hemp programs.
The New Jersey Industrial Hemp Pilot Program, which established industrial hemp licenses, was passed into law by Governor Murphy on November 21, 2018. In 2020, the first 59 farmers received licenses and planted industrial hemp crops. Under state law, industrial hemp must contain no more than .3 THC by dry weight. Any plants that test over this limit must be legally destroyed. Growers must submit reports throughout the season documenting planting, harvest, production numbers and where plants or other hemp products are transferred.
New Jersey became the first of three states to have their industrial hemp program finalized and approved by the USDA.
While licenses are required to produce and process hemp in New Jersey, there is no license to sell hemp-based products like CBD. Hemp-derived CBD can legally be sold as oils, extracts, lotions, creams and elixirs. Hemp flower is also legal throughout the state and widely available. Sellers can legally add CBD to food and drink in New Jersey, allowing for the production of CBD gummies, baked goods, smoothies and other hemp-CBD products.
Can I purchase CBD oil in New Jersey?
Yes, you can purchase CBD oil in New Jersey. Anyone can purchase hemp-based CBD products. These are widely available in an array of outlets that range from health food stores to convenience stores to specialized CBD retail outlets. It is also legal to buy hemp-based CBD products online and have them shipped to your New Jersey address.
Those with covered conditions who are part of New Jersey’s medical marijuana program can also purchase marijuana-based CBD products from licensed dispensaries.
Recreational marijuana is now legal in the state of New Jersey, as well. However, individuals without covered medical conditions will not be able to buy marijuana-based CBD in the state until licensed dispensaries open.