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. General Information – Cannabis 101
Is CBD Oil Legal in NJ? All You Need to Know
In most American states, CBD oil is available for sale. This is even though the cannabinoid isn’t federally legal. The 2018 Farm Bill legalized the growth of industrial hemp with a maximum THC content of 0.3%. However, it didn’t explicitly legalize cannabidiol.
While it isn’t federally permitted, each state has its own laws regarding CBD. In all but a handful of them, the cannabinoid is tolerated and sold in thousands of locations. The rules surrounding CBD can cause confusion, so we have created guides for different states. Today, it is the turn of New Jersey.
Is CBD Legal in New Jersey?
Yes. As long as your CBD is hemp-derived with a maximum THC content of 0.3%, you should experience no issues buying CBD in New Jersey. Furthermore, there are no restrictions on the type of CBD product on sale in New Jersey. While CBD oil remains the most popular option, you can also buy:
Unlike in many states, New Jersey does regulate its CBD market. Only licensed growers and processors are allowed to deal with hemp. Anyone who cultivates the crop without authorization is treated the same as someone who illegally grows cannabis. This means growing more than an ounce could result in up to three years in prison!
All hemp cultivated in the state must contain a maximum of 0.3% THC. Hemp with more than this level is destroyed. Also, three violations in five years result in a five-year hemp cultivation ban.
New Jersey CBD Laws
As such, there is little issue surrounding the legality of CBD oil in New Jersey. Residents have been free to purchase it for years. The state passed NJ A1330 in November 2018. It required all industrial hemp grown in New Jersey to contain a maximum of 0.3% THC by dry weight. It also set up a hemp cultivation pilot program.
In August 2019, legislators passed NJ Assembly Bill 5322. This outlined the licensing requirements for cultivating and processing hemp. However, New Jersey had already recognized the difference between hemp and marijuana after the 2014 Farm Bill was passed.
Where to Buy CBD in NJ?
Those eligible for the medical marijuana program can only buy cannabis from licensed Alternative Treatment Centers. However, it is possible to purchase CBD oil from hundreds, if not thousands, of locations within New Jersey. Countless physical stores sell the cannabinoid. Here are five of the top-rated sellers of CBD in the Garden State.
Name of Store
Let’s Smoke Shop
95 Bloomfield Ave, Newark, NJ 07104, United States
Bloody Good Vape and Smoke Shop
327 Main St, Paterson, NJ 07505, United States
2022 Morris Ave, Union, NJ 07083, United States
Urge Smoke Shop
941 Elizabeth Ave, Elizabeth, NJ 07201, United States
The Green Room – Hoboken
64 Newark St., Hoboken, NJ 07030, United States
However, you might find that there’s a greater choice of products online. You can also check out third-party lab reports to find out what is in each product. Here are five online CBD brands that provide world-class products.
Marijuana Laws in New Jersey
The state legalized medical marijuana in 2010. However, it was considered the strictest MMJ program in the United States for several years. Eventually, though, the state’s medical-marijuana program became more accessible.
There was soon a drive to fully legalize marijuana. On January 1, 2021, an amendment legalizing recreational cannabis became part of the state constitution. Governor Phil Murphy signed bills effectively allowing it to go ahead in February 2021.
Recreational marijuana is now technically legal in New Jersey, but sales are yet to begin.
Residents of New Jersey aged 21+ can purchase and possess up to an ounce of weed. At present, however, recreational marijuana sales have yet to begin in the state. Indeed, the Garden State has already missed a February 2022 deadline for beginning adult-use sales. However, it is hoped that recreational sales will begin in New Jersey sooner rather than later.
Marijuana Penalties in New Jersey
Without legal access to recreational marijuana, New Jersey residents must still have an MMJ card to buy and use it. Otherwise, they continue to face penalties. Fortunately, NJ is one of the most lenient states in the nation regarding marijuana ‘crimes.’
If aged 21+, you can possess up to six ounces of the substance without facing any penalty, although a police officer will confiscate it. A failure to offer your marijuana for confiscation to a law enforcement official is a crime.
Also, you could spend up to 18 months in prison if caught with more than six ounces. The distribution of under an ounce of weed is not a crime on your first offense. However, a reoffense could result in 18 months in jail. Distributing over an ounce is a crime with a potential prison term of 3 – 5 years.
Cultivating more than an ounce is also against the law, and you could spend up to five years in jail if caught!
Final Thoughts on CBD in New Jersey
If you live in New Jersey and have a qualifying medical condition, you can purchase cannabis from an Alternative Treatment Center. You will need a doctor to write a letter of recommendation and complete an application. Recreational cannabis is now legal in New Jersey, but sales have yet to begin.
Until then, you can always avail of CBD oil as it is legal in the state of New Jersey. Ensure any CBD product you buy is hemp-derived and contains a maximum of 0.3% THC. The state has no restrictions on cannabidiol, so you’re free to purchase it at your leisure.
Official Site of The State of New Jersey
The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google™ Translate. Google™ Translate is an online service for which the user pays nothing to obtain a purported language translation. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. –Read Full Disclaimer
Cannabis Regulatory Commission
General Information – Cannabis 101
Can I legally buy cannabis in NJ?
Yes. It is legal for anyone 21 years and older to buy cannabis at a dispensary licensed to operate in the State of New Jersey. Individuals with a qualifying medical condition may participate in the Medicinal Cannabis Program.
Where can I legally buy cannabis?
Patients and adult-use consumers may purchase cannabis and cannabis products at one of New Jersey’s licensed dispensaries listed on our website. Note some locations dispense medicinal cannabis and medicinal cannabis products only.
What can I legally buy?
In each transaction, dispensaries are allowed to sell up to the equivalent of 1 ounce of 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 (oils), or
- 1000 mg of multiple ingestible cannabis-infused products (10 100 mg packages) like gummies
A purchase of a combination of products may be 1/2 ounce of dried flower plus 2 grams of concentrate, or 5 packages of gummies and 1/2 ounce of dried flower.
Legally allowable product categories include dried flower, concentrated oils, resin, vape formulas, tinctures, topicals, syringes, lozenges, and soft chews, but availability will vary by dispensary. Perishable edibles like cookies and brownies are not available for purchase from any dispensary.
Equivalency is based on total weight of the product sold. For products containing both THC and CBD, equivalency is based on the total weight of the concentrate. For example, a product containing 400 mg of CBD and 100 mg of THC has a total weight of 500 mg or 0.5 grams.
Reminder: The law allows adults 21 years and older to be in possession of 1 ounce total of cannabis and cannabis products.
Can I legally grow cannabis at home?
No. Current New Jersey law does not give authority to NJ-CRC to authorize private, residential, or any growing of cannabis outside of a business with a cultivation license.
Where can I use cannabis?
Generally, an adult 21 years of age or older can use cannabis on private property. However, property owners can limit the use of cannabis on their property.
What’s the difference between “cannabis” and “marijuana”?
Both terms refer to the plant of genus Cannabis L. The terms “cannabis” and “marijuana” have traditionally been used interchangeably. However, pursuant to the November 2020 election, Article IV, section VII, paragraph 12 of the New Jersey State Constitution creates a legal distinction between “cannabis” and “marijuana.” In short, “cannabis” refers to the regulated form of the plant (what will be grown, bought, and sold in licensed stores), whereas “marijuana” refers to the unregulated form of the plant (what is grown, bought, and sold in the illicit market).
What is “hemp” and how does it differ from “cannabis”?
Hemp and cannabis both derive from the Cannabis plant. The difference is determined in the amount of tetrahydrocannabinol (THC) found in the particular item. THC is the psychoactive compound of the plant that contributes to feeling “high.” Items with a THC concentration of not more than 0.3 percent are considered hemp, and items with a THC concentration < 0.3% have more psychoactive compounds and may be referred to as cannabis, marijuana, or another related name.
Hemp production was legalized in the federal 2018 Farm Bill. The New Jersey Department of Agriculture is responsible for regulating hemp production in New Jersey. Visit the Department of Agriculture’s website for more information.
What is CBD?
Cannabidiol (CBD) is a compound found in the cannabis plant. It is typically found in hemp flower or derived from hemp plants as an oil and used for medicinal or therapeutic purposes. It is different from THC in that CBD does not contribute to feeling “high.”
Do you need a license to sell CBD products?
As a derivative of hemp under the federal 2018 Farm Bill, CBD products fall under the regulatory authority of the U.S. Food and Drug Administration (FDA) and are subject to the Federal Food, Drug and Cosmetic Act. Whether individuals can legally sell CBD products depends on the intended use of the product and how it’s labeled, among other things. Visit the FDA’s website for more information.