Is CBD Oil Legal in New Jersey? - April 2024

Is CBD Oil Legal in New Jersey?

According to federal law, hemp-derivatives, such as CBD oil containing less than 0.3% THC, may be legally sold in all 50 states. However, the legalization of CBD products has some conditions.

The Drug Enforcement Administration has classified CBD oil containing more than 0.3% THC as a Schedule I controlled substance⁽⁴⁾.

The 2018 United States Farm Bill removed industrial hemp containing 0.3% or less THC from being categorized as marijuana under the Controlled Substances Act⁽⁵⁾. 

THC is known for causing psychoactive effects or the “high.” Some Colorado dispensaries had been reported to sell recreational and medical marijuana, with 17% to 28% THC⁽⁶⁾.

Meanwhile, CBD oil, which often comes in various forms, should not be sold as a pharmaceutical drug or dietary supplement. CBD companies’ activities are closely monitored by the US Food and Drug Administration (FDA)⁽⁷⁾. 

Individuals must research state laws before buying CBD oil products as regulations may vary.

New Jersey CBD Laws

The State of New Jersey, also known as the Garden State, enacted a hemp farming law to align state laws with federal law⁽⁸⁾. 

Implemented in August 2019, the New Jersey Hemp Farming Act authorized licensed farms and manufacturers to cultivate hemp in the state. The act also permitted hemp products, such as CBD oil, to be produced commercially. 

The New Jersey Hemp program was among the first to be approved by the US Department of Agriculture⁽⁹⁾.

The New Jersey Department of Health is responsible for regulating the state’s Medical Marijuana Program.

The state has not imposed a possession or age limit for hemp-derived CBD products. The age limit for commercial CBD products remains unclear.

However, a New Jersey resident must be at least 18 years of age to be eligible as a primary caregiver to a medical marijuana patient⁽¹⁰⁾.

Meanwhile, marijuana-derived CBD products may only be dispensed at a maximum amount of two ounces per 30-day period⁽¹¹⁾. 

However, New Jerseyans (age 18 or over) may use CBD derived from marijuana upon their licensed physicians’ recommendation. Citizens with qualifying medical conditions may apply for a medical marijuana card through the New Jersey Department of Health⁽¹²⁾.

According to New Jersey’s Medical Marijuana Program, the qualifying conditions include chronic pain, glaucoma, and multiple sclerosis⁽¹³⁾. 

Medical use of hemp-derived CBD is only limited to Epidiolex, an FDA-approved pharmaceutical drug for specific childhood epilepsies⁽¹⁴⁾.

CBD Licensing Requirements

The New Jersey Department of Health has assigned six businesses to sell marijuana-derived CBD products and medical marijuana. These businesses are permitted to establish dispensaries in the state⁽¹⁵⁾.

• NETA NJ, North Philipsburg
• GTI New Jersey, North Paterson
• Verano NJ, Central Elizabeth
• Justice Grown, Central Ewing
• MPX New Jersey, South Atlantic City
• Columbia Care New Jersey, South Vineland

The state has not imposed licensing requirements for selling hemp-derived CBD products containing less than 0.3% THC. 

Testing Requirements

The New Jersey Department of Agriculture requires growers to test hemp crops intended for CBD oil or hemp oil. The industrial hemp sample must be sent to an ISO 17025 laboratory for THC testing⁽¹⁶⁾. 

During testing, the test specimen is dried and chemically analyzed to calculate THC levels, which must not exceed 0.3%. 

The state government has not imposed laws requiring hemp-derived CBD products to be tested by third-party laboratories. Thus, it is the users’ responsibility to check if the products were tested by third-party laboratories. 

Buying CBD Legally

There are important considerations before buying CBD oil in New Jersey.

While the CBD industry in New Jersey is more relaxed than in other states, vigilance is needed when shopping for CBD products. 

How to Choose Which CBD Products to Buy

When searching for high-quality CBD oil, individuals must choose products that have been tested by third-party laboratories. 

The certificate of analysis (COA) is a lab test result indicating cannabinoids, like CBD and THC. The COA also ensures that products do not contain harmful chemicals, such as heavy metals, herbicides, and pesticides.

Searching for good quality CBD brands may start with brief research on the company’s Better Business Bureau (BBB) status. BBB ratings represent the quality of products, business practices, and trustworthiness⁽¹⁷⁾. 

BBB ratings are graded based on customer feedback, transparency, and truthfulness in advertising. 

When reading CBD labels, consumers must check for the CBD amount, list of ingredients, manufacturer, batch code, and CBD oil type (full-spectrum, broad-spectrum, or CBD isolate). 

Where to Buy the Best CBD Products Legally

CBD retailers can be found in major cities, including Newark, Jersey City, West New York, and Atlantic City. CBD products may also be found in wellness stores, health food stores, and smoke shops all over the state.

Individuals residing in New Jersey may easily buy CBD from out of state through the brand’s official website or online retail stores. 

The state has not restricted any forms of CBD products. All forms of CBD products, including tinctures, gummies, capsules, vape, and topicals, may be available in the state. 

It is recommended that CBD users opt for highly-rated CBD products that provide updated COAs and offer 30-day money-back guarantees. 

Prices of CBD products may vary depending on the brand and concentration. Like all retail products in the state, CBD products in New Jersey are subject to current sales tax.

FAQs

What Types and Forms of CBD Oil Are Available?

CBD oil products are available in various forms and deliveries.

CBD tinctures may be taken by dropping the oil under the tongue. Meanwhile, CBD capsules and CBD gummies are taken orally. 

Individuals who prefer inhaling CBD may opt for CBD vape pens or vape oil. 

CBD topicals and lotions are also recommended for individuals applying CBD on target areas. 

CBD shoppers may choose among the three types of products available.

Full-spectrum CBD oil contains all the cannabinoids, terpenes, and other compounds found in hemp plants. 

Combining these components creates a synergy called the “entourage effect.” This synergy implies that the cannabinoids’ benefits are greater when taken together, rather than individually.

Individuals who wish to consume CBD and other cannabinoids without THC may opt for broad-spectrum CBD oil. 

Lastly, CBD isolate contains pure CBD and is recommended for individuals who do not want other cannabinoids. 

Does CBD Oil Have Health Benefits?

Cannabidiol (CBD) is a phytocannabinoid studied by researchers for its anti-inflammatory and anti-anxiety properties⁽¹⁸⁾.

Cannabis plant or Cannabis sativa (hemp and marijuana) is a flowering plant known for containing various cannabinoids, including CBD and tetrahydrocannabinol (THC). 

Licensed farmers use state-approved cultivars to grow CBD-rich and low-THC industrial hemp. Some concentrations of CBD and high THC may also be present in marijuana plants.

The New Jersey Department of Health released a study that suggested CBD’s potential anti-inflammatory and anti-seizure properties⁽¹⁹⁾.

Research has also noted CBD’s purported use for its anti-inflammatory, anti-anxiety, sleep-promoting, and pain-relieving properties⁽²⁰⁾. These properties may be beneficial in helping with arthritis, anxiety, psychosis, and diabetes.

A review from Neurotherapeutics has acknowledged how CBD may help relieve symptoms of anxiety-related disorders⁽²¹⁾. 

The authors mentioned that CBD’s anxiolytic effects may hold a therapeutic value in relieving symptoms of post-traumatic stress disorder, obsessive-compulsive disorder, panic disorder, and social anxiety disorder⁽²²⁾. 

A subsequent study demonstrated CBD’s potential efficacy in reducing anxiety scores and improving sleep scores. The Permanente Journal published a clinical experiment consisting of 72 volunteers with anxiety and insomnia⁽²³⁾. 

After the first month of treatment, the researchers noted reduced anxiety scores in 57 patients, while sleep scores improved in 48 patients⁽²⁴⁾. 

Meanwhile, CBD’s anti-inflammatory effects were demonstrated on rat models with induced arthritis. A study posted by the European Journal of Pain observed improved limb scores and reduced inflammation on arthritis rats following transdermal CBD administration⁽²⁵⁾. 

Furthermore, studies continue to evaluate CBD’s promising applications on neurodegenerative and cardiovascular diseases, such as Alzheimer’s disease, cardiomyopathy, hypertension, and stroke⁽²⁶⁾. 

Still, the results of these studies are inconclusive. More comprehensive studies are needed to verify CBD’s potential in treating various conditions. 

How Much CBD Oil Can One Consume?

CBD dosage may vary according to body weight and specific health issues.

In a recent clinical study, patients reported significant improvement in anxiety, seizures, and psychotic symptoms after taking less than 1mg to 50mg a day per kilogram of body weight⁽²⁷⁾. 

First-time CBD users are recommended to start with the lowest dose, gradually increasing it once the body gets used to taking CBD oil. 

However, caution is advised when consuming CBD due to possible side effects, such as dry mouth, weight and appetite changes, sleepiness, and diarrhea⁽²⁸⁾.

Furthermore, a 2019 study from Molecules has shown how high CBD consumption caused hepatotoxicity (liver injury) in lab rats. The authors also mentioned that some human volunteers had to drop out of clinical trials due to an increased risk of liver failure⁽²⁹⁾. 

Individuals must consult with a licensed doctor before taking CBD into their daily regimen.

Conclusion

In the State of New Jersey, hemp-derived CBD products may be easily bought and sold without a license or special permission from the state.

CBD buyers must be responsible for checking the product’s certificate of analysis. Checking the CBD product’s concentration, purity, and safety is also important. 

The product’s THC concentration helps determine if the product in question is legal. 

For more information on CBD’s legality in all 50 US states, click here.

*The information shared in this article was based on findings retrieved on November 9, 2020. Hemp/CBD laws in the state may change without notice.  

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1. New Jersey Department of Agriculture. Hemp Farming Program. Retrieved from https://www.nj.gov/agriculture/divisions/pi/prog/nj_hemp.html
2. New Jersey Division of Medical Marijuana. Updates on Expansion of Medicinal Marijuana Program. Retrieved from https://www.nj.gov/health/medicalmarijuana/alt-treatment-centers/applications.shtml
3. New Jersey Department of Health. Public Health Services Branch. Division of Medical Marijuana. Retrieved from https://nj.gov/health/legal/documents/adoption/8_64%20Medicinal%20Marijuana%20Readoption.pdf
4. Drug Enforcement Administration. Implementation of the Agriculture Improvement Act. Retrieved from https://www.deadiversion.usdoj.gov/fed_regs/rules/2020/fr0821.htm
5. The US Food and Drug Administration. Hemp Production and the 2018 Farm Bill. Retrieved from https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019
6. Stuyt E. (2018). The Problem with the Current High Potency THC Marijuana from the Perspective of an Addiction Psychiatrist. Missouri medicine, 115(6), 482–486.
7. US Food and Drug Administration. FDA regulation on Cannabis and Cannabis-derived Products Including Cannabidiol (CBD). Retrieved from https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
8. New Jersey Department of Agriculture. Hemp Farming Program. Op cit.
9. Murphy Administration Announces New Jersey’s Hemp Applications Available. Retrieved from https://www.nj.gov/agriculture/news/press/2020/approved/press200109.html
10. New Jersey Department of Health. Public Health Services Branch. Op cit.
11. Ibid
12. New Jersey Medical Marijuana Program. Patient Registration. Retrieved from https://www.nj.gov/health/medicalmarijuana/patients/registration-renewal/
13. New Jersey Medical Marijuana Program. Qualifying Conditions. Retrieved from https://www.nj.gov/health/medicalmarijuana/patients/
14. FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy. Retrieved from https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms
15. New Jersey Division of Medical Marijuana. Updates on Expansion of Medicinal Marijuana Program. Retrieved from https://www.nj.gov/health/medicalmarijuana/alt-treatment-centers/applications.shtml
16. New Jersey Department of Agriculture. Testing Guidelines for Hemp. Retrieved from https://www.nj.gov/agriculture/divisions/pi/pdf/HempTestingGuidelines.pdf
17. Better Business Bureau. BBB Accreditation Standard. Retrieved from https://www.bbb.org/bbb-accreditation-standards
18. Atalay, S., Jarocka-Karpowicz, I., & Skrzydlewska, E. (2019). Antioxidative and Anti-Inflammatory Properties of Cannabidiol. Antioxidants (Basel, Switzerland), 9(1), 21. https://doi.org/10.3390/antiox9010021
19. New Jersey Department of Health. Public Health Services Branch. Op cit.
20. Atalay, S., Jarocka-Karpowicz, I., & Skrzydlewska, E. (2019). Op cit.
21. Blessing, E. M., Steenkamp, M. M., Manzanares, J., & Marmar, C. R. (2015). Cannabidiol as a Potential Treatment for Anxiety Disorders. Neurotherapeutics : the journal of the American Society for Experimental NeuroTherapeutics, 12(4), 825–836. https://doi.org/10.1007/s13311-015-0387-1
22. Ibid
23. Shannon, S., Lewis, N., Lee, H., & Hughes, S. (2019). Cannabidiol in Anxiety and Sleep: A Large Case Series. The Permanente journal, 23, 18–041. https://doi.org/10.7812/TPP/18-041
24. Ibid
25. Hammell, D. C., Zhang, L. P., Ma, F., Abshire, S. M., McIlwrath, S. L., Stinchcomb, A. L., & Westlund, K. N. (2016). Transdermal cannabidiol reduces inflammation and pain-related behaviours in a rat model of arthritis. European journal of pain (London, England), 20(6), 936–948. https://doi.org/10.1002/ejp.818
26. Atalay, S., Jarocka-Karpowicz, I., & Skrzydlewska, E. (2019). Op cit.
27. Millar, S. A., Stone, N. L., Bellman, Z. D., Yates, A. S., England, T. J., & O’Sullivan, S. E. (2019). A systematic review of cannabidiol dosing in clinical populations. British journal of clinical pharmacology, 85(9), 1888–1900. https://doi.org/10.1111/bcp.14038 
28. Iffland, K., & Grotenhermen, F. (2017). An Update on Safety and Side Effects of Cannabidiol: A Review of Clinical Data and Relevant Animal Studies. Cannabis and cannabinoid research, 2(1), 139–154. https://doi.org/10.1089/can.2016.0034
29. Ewing, L. E., Skinner, C. M., Quick, C. M., Kennon-McGill, S., McGill, M. R., Walker, L. A., ElSohly, M. A., Gurley, B. J., & Koturbash, I. (2019). Hepatotoxicity of a Cannabidiol-Rich Cannabis Extract in the Mouse Model. Molecules (Basel, Switzerland), 24(9), 1694. https://doi.org/10.3390/molecules24091694

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