The New Jersey Cannabis Regulatory Commission has issued another reminder about unregulated intoxicating hemp products.
Like many other states, New Jersey has been grappling with a proliferation of products that meet the legal definition of hemp due to their low concentration of delta-9 tetrahydrocannabinol (“THC”) but contain other forms of THC such as delta-8, which can be derived from cannabidiol. These products are often readily available to minors through gas stations and convenience stores.
While New Jersey Governor Phil Murphy supports the state’s medical and recreational cannabis industry, he said the intoxicating hemp product situation was “untenable”.
On September 12 this year, Governor Murphy signed Senate Bill No. 3235 into law that established a regulated market for intoxicating hemp products and prohibited their sale by unauthorized sellers and to individuals under 21 years of age. While expressing concerns about some aspects of the Bill, Governor Murphy signed it so action could be taken sooner rather than later.
“Because the bill would address this present danger, I have concluded that the wiser course is to sign the bill now and commit to working with the Legislature to address the technical issues and other challenges in separate legislation,” he said in his signing statement.
While it took effect immediately, other provisions of that law were scheduled to take effect on October 12, 2024. But due to a court order issued on October 10 resulting from a suit filed by some hemp businesses, the state was unable to begin enforcement of the provisions at that time.
However, on Friday, the New Jersey Cannabis Regulatory Commission posted a reminder of what is in effect and is actionable.
“… the prohibition on the sale or distribution of any type of THC products to a person under 21 years of age remained in effect and remains enforceable,” it said. “Additionally, the State advises that the law’s prohibition on the sale or distribution of hemp products or cannabis items that are not derived from naturally occurring biologically active chemical constituents remain in effect and is currently enforceable.”
Legal cannabis is big business in NJ. In Q2 2024, New Jersey’s legal medical cannabis sales reached $22,279,023, but that was dwarfed by $238,763,410 in legal recreational marijuana sales; which provided $14,606,338 in tax revenue. The first legal adult-use sales occurred in 2022.
