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Let’s Talk Delta-8 State Legality: New Jersey

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Let’s Talk Delta-8 State Legality: New Jersey

New Jersey is a really nice state, it’s just the people that you have to tolerate is what New Yorkers often say. My father grew up there but the state was more of mystery than anything to me. I had no idea why the Giants and Jets played in Jersey. I had a teacher who would say the New Jersey Devils weren’t only a hockey team but residents. It wasn’t until I grew up that those jokes made any sense to me. Tony Soprano lived in Jersey, how bad can it be? It’s not. It’s just the jersey shore cast. 

New York legalized marijuana so what did Jersey do? They approved the Compassionate Use Medical Marijuana Act in 2010 so that medical marijuana was available. Then they followed it up with Question 1 in 2020 to make recreational marijuana legal.

So how do they feel about Delta-8 THC? They actually took their notes from New York and Pennsylvania but made it legal. However, it doesn’t abid the federal regulations that delta-9 goes through so it’s important to do you research prior to purchasing anything. Also, if you are in possession of delta-8 THC make sure to have your paperwork with you. Otherwise, there are more steps taken so save yourself the headache!

NEW JERSEY HEMP PROGRAM

2:25-1.2 Definitions

“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.

“Federally defined THC level for hemp” or “acceptable hemp THC level” means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product. Hemp will satisfy the standard of “federally defined THC level for hemp” or “acceptable hemp THC level” if laboratory testing confirms a result within a measurement of the uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported delta-9 THC content concentration in a sample is 0.35%, and the measurement of uncertainty is +/- 0.099%, the hemp would be compliant, because 0.3% falls within the distribution range between .251% and .449%.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof 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 an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.

“Hemp Extract” means 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 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 due to the presence of hemp or hemp-derived cannabinoids.

“THC” means delta-9-tetrahydrocannabinol, which is a psychoactive component in cannabis plants.