do i need a prescription for cbd oil nj

CBD in New Jersey: NJ State Laws and Where to Buy Legally

CBD Oil Legality in New Jersey: Cannabidiol State Law Regulations in NJ, USA

New Jersey clearly isn’t a hub for the marijuana and cannabis industry. While the state might have a couple laws on the books in favor of user’s right to consume marijuana and hemp, it has not yet legalized either an industrial hemp program or an adult-use cannabis framework. This makes accessing CBD and other hemp derivatives a complicated and difficult process.

New Jersey happens to be in the clear minority when it comes to their regulation of the CBD substance. Most states have a least some framework in-place for an industrial hemp pilot program, and many are making major headway when it comes to the establishment of a substantive adult-use law for users looking to obtain marijuana and cannabis products without a medical reason. But in New Jersey, only the medical cannabis law from 2009 remains.

Even this 2009 medicinal marijuana law is a bit restrictive for the rest of the country, coincidentally. The law only permits users with specific conditions to access a medical marijuana card, and severely limits the work of dispensaries in the expanding market for medicinal cannabis within the state.

Still, the Farm Bill from the United States federal government legalized the hemp industry years ago. As a result, much of the state of New Jersey continues to sell different CBD products with low THC content over the counter. This guide should serve as a basic guide to the legal status of CBD in the state of New Jersey, but readers are ultimately responsible for following and researching the laws of their local, state, and federal government.

CBD Laws in New Jersey

The only law currently on the books regarding legal cannabis is Senate Bill 119. Passed in 2009, this law makes it possible for select patients who have a signed document from their physician to access high-quality medical cannabis and cannabis products. The state has published with the law a list of the conditions for which medical marijuana is considered to be a potential and legal form of treatment. Consumers with a medical marijuana card can obtain marijuana only from licensed medical dispensaries all over the state.

It is important to remember that the existence of the Federal “Farm Bill” creates a slightly more complicated legal atmosphere for low-THC CBD and hemp-derived products. This legislation legalized the hemp industry in all fifty states. As a result, many stores and shops in New Jersey might still be selling CBD products, even without a state-specific law on the books supporting the industry.

Age Requirements for CBD in New Jersey

Under New Jersey law, patients under the age of eighteen can obtain medical marijuana with their doctor’s permission only if their parent or legal guardian submits a document in writing saying that the prescription of marijuana is okay for their child. In all other cases, medical marijuana is only legally allowed to be prescribed to those patients over the age of eighteen.

For CBD which does not qualify as a medical marijuana product, the age requirement is almost invariably eighteen in the state of New Jersey.

Where to Find New Jersey CBD

Medical marijuana products—including CBD—can only be found in medical dispensaries, which must be licensed, tested, and vetted extensively by the state government of New Jersey. These dispensaries are very careful to only sell to those who can legally purchase medical marijuana, but they often offer the most potent and effective CBD products that are available in New Jersey.

It is quite a bit easier for users to get ahold of low-THC and non-medical CBD. This CBD will not usually get the user “high,” and cannot show up on most drug tests because of the low THC content. But it s widely available and still boasts an extensive list of potential benefits for health and mind alike. This form of CBD can be found in smoke and head shops, as well, as some gas stations, food stores, and even convenience stores.

Buying CBD Online in New Jersey

It is legal to buy CBD and have it shipped to New Jersey. Most online retailers have no problem shipping to this state, and online retailers can often offer some of the most comprehensive and variable selections of different CBD products among all distributors of CBD products. However, the online CBD industry seriously lacks oversight, and consumers should be sure to research companies and providers before making a purchase.

Additionally, it could be a serious criminal violation to purchase and possess CBD with a THC content that is above the legal limit in New Jersey. Though the legal status of low-THC CBD is relatively grey in nature, it is still important that users take responsibility and research their local laws to be sure to not violate them. In any case, purchasing CBD online in New Jersey is a viable option.

Is CBD Oil Legal in NJ? All You Need to Know

In the vast majority of 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 is sold in thousands of locations. The rules surrounding CBD can cause confusion, which is why we have created guides to CBD oil in different states. Today, it is the turn of New Jersey. However, first, let’s check out the reasons why people use cannabidiol in the first place.

CBD Benefits

CBD has many purported health benefits, and many users claim it helps with a wide variety of medical conditions. They include epilepsy, arthritis, depression, and diabetes.

Studies show that CBD has anti-inflammatory, anti-pain, and antipsychotic properties. However, the number of human clinical trials studying the effects of CBD has been fairly limited so far.

What is proven, however, is that CBD has the potential to help with symptoms of rare forms of life-threatening childhood epilepsy conditions. Specifically, Dravet Syndrome and Lennox-Gastaut Syndrome.

In 2013, a CNN documentary called “Weed” told the story of a little girl from Colorado named Charlotte, who had Dravet Syndrome. Charlotte was suffering up to 300 grand mal seizures per week at just five years old due to her rare form of epilepsy.

Somewhat controversially, Charlotte took CBD oil derived from a high CBD-cannabis strain. The results astounded doctors. Charlotte’s seizures almost completely stopped. This tale caused hundreds of other families to travel to Colorado to obtain CBD oil to help with their children’s epilepsy.

In June of 2018, The United States Food and Drug Administration (FDA) approved the marijuana-based medication Epidiolex, manufactured by the UK-based company GW Pharmaceuticals. Epidiolex has a high CBD content but, importantly, no THC, the intoxicating compound in cannabis.

Research data published in the New England Journal of Medicine undoubtedly played a part in the approval of Epidiolex by the FDA. This particular study found that Epidiolex successfully reduced epileptic seizures by more than 40%. Doctors use Epidiolex to treat both rare forms of childhood epilepsy – Dravet Syndrome and Lennox-Gastaut Syndrome.

Now we know why people use it, let’s see what the state of New Jersey has to say about CBD oil.

New Jersey CBD Laws

These days, there is little question that CBD in New Jersey is legal regardless of federal law. The state legalized medical marijuana in 2010. However, it was considered the strictest MMJ program in the United States for several years. Over the years, 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. At present, however, recreational marijuana sales have yet to begin in the state.

As such, there is little issue surrounding CBD oil in New Jersey. Residents have been free to purchase the cannabinoid 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 Assemble 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.

New Jersey residents should know that there are no possession limits relating to CBD oil derived from hemp. As long as such products contain a maximum of 0.3% THC, you can buy and possess as much as you like. MMJ patients are permitted to buy and possess up to two ounces of cannabis in a month.

The following are the qualifying conditions one must meet to become eligible for an MMJ card in New Jersey. If you don’t meet the criteria, you can wait for recreational cannabis to become available. Alternatively, you can buy CBD oil in any quantity you wish.

New Jersey MMJ Qualifying Conditions

Here is the list of qualifying conditions for the Medical Marijuana Program in New Jersey:

  • Amyotrophic lateral sclerosis (Lou Gehrig’s disease)
  • Multiple sclerosis
  • Cancer
  • Muscular dystrophy
  • Inflammatory bowel disease
  • Crohn’s disease
  • Any terminal illness with a prognosis of under 12 months
  • HIV or AIDS
  • Seizure disorders (including epilepsy)
  • Intractable skeletal muscular spasticity
  • Post-traumatic stress disorder (PTSD)
  • Glaucoma
  • Severe or chronicpain
  • Anxiety
  • Migraines
  • Tourette’s syndrome
  • Dysmenorrhea
  • Opioid Use Disorder

If you are not registered in the Medical Marijuana Program in New Jersey, it is only legal to use CBD oil derived from hemp.

What Type of CBD Products Are Available in New Jersey?

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:

  • Edibles
  • Topicals
  • Vape products
  • Capsules
  • CBD for pets

Not All CBD Hemp Oil is of Top Quality

It is an unfortunate fact that not all CBD oil is of equal quality. Some vape shops and health food stores sell what they claim is CBD. In reality, it is sometimes hempseed oil that contains minimal cannabidiol.

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. We outline what you need to look for in high-quality CBD a little later on. First, let’s outline the best places to purchase it.

Where to Buy CBD in NJ

Those who are 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 are selling the cannabinoid. Top-rated CBD sellers include The Green Room, Your CBD Store, and Garden Street Hemp. We recommend avoiding CBD sold in gas stations as such products often fall short of the required standard.

It is also worth considering online retailers such as PureKana and Premium Jane. These are highly respected CBD brands that tick all the boxes regarding the quality and purity of their products. They both ship to customers in New Jersey and have an enormous array of products.

How to Buy High-Quality CBD in New Jersey

When purchasing CBD in New Jersey, here are a few things to consider:

  • Third-Party Lab Testing:You should only ever buy CBD from brands that provide third-party lab reports with every batch of products. Such documentation shows that there aren’t any contaminants. It also proves that the CBD and THC content claimed by the brand’s labeling is accurate.
  • Full-Spectrum Products:There is evidence that the ‘entourage effect’ is real. It is a theory that cannabinoids in hemp and cannabis work better together than in isolation. Full-spectrum CBD products contain dozens of other cannabinoids and terpenes.
  • CO2 Extraction:This is widely regarded as the best form of CBD extraction. It involves the use of carbon dioxide to pull the cannabinoids out of the hemp plant. Unlike other forms of extraction, CO2 means there are no residual solvents left in the final product.
  • Low THC:Hemp-derived CBD products must not contain more than 0.3% THC. Make sure any product you buy contains less than this amount and that there is proof. Again, this means analyzing a brand’s third-party lab reports.
  • Dubious Health Claims:At present, CBD is not federally legal. Therefore, brands are not allowed to make any health claims. Avoid any CBD company that suggests its products can ‘cure,’ ‘treat,’ or ‘diagnose’ any medical issue.
  • Organic Hemp:Focus on CBD brands that use organic hemp. This means no pesticides, insecticides, or other chemicals are used in the cultivation of hemp.

Final Thoughts on CBD in New Jersey

If you live in New Jersey and have a qualifying medical condition, you can purchase cannabis from one of at least 10 Alternative Treatment Centers. You will need a doctor to write a letter of recommendation and also complete an application. Recreational cannabis is now legal in New Jersey, but recreational 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 product you buy has its CBD derived from hemp 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.

Is CBD oil legal in New Jersey?

Yes. Hemp-derived CBD products are legal in New Jersey. In addition, CBD derived from marijuana plants is legal for qualifying patients authorized to participate in the state’s medical marijuana plan.

For those who are not registered in the medical marijuana program, there’s hemp-derived CBD, which was made legal in New Jersey in August 2019 with the New Jersey Hemp Farming Act, following the 2018 Farm Bill, which legalized industrial hemp at a federal level.

New Jersey completely decriminalized hemp and requires a license to grow or process this agricultural commodity. The New Jersey Department of Agriculture is in charge of licensing and regulations, and the New Jersey Hemp Program was among the first three states to be approved by the US Department of Agriculture.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, which is defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.

Things changed with the passage of the 2014 Farm Bill, which recognized the difference between hemp, which must contain less than .3% THC by weight. Marijuana, on the other hand, is defined as containing more than .3% THC and is still categorized as a Schedule I controlled substance. The Hemp Farming Act of 2018 was signed by President Donald Trump on Dec. 20, 2018, and removed hemp from the list of Controlled Substances, making it legal at a federal level. CBD derived from marijuana plants remains illegal on the federal level, while CBD derived from hemp is legal but governed by rules that the U.S. Department of Agriculture (USDA) has yet to draft.Following the passage of the Farm Bill, the US Food and Drug Administration (FDA) was given the authority to regulate CBD labeling, therapeutic claims, and its use as a food additive. The FDA has taken the stance that hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

While the 2018 Farm Bill did legalize hemp, its production, and the sale of any product derived from it, including CBD, it’s still highly regulated. The bill allows some states to make their own rules for CBD cultivation and sale. States may regulate CBD in food, beverages, dietary supplements, and other products while waiting for final FDA rules.

New Jersey CBD laws

In August 2019, New Jersey lawmakers passed New Jersey Assembly Bill 5322, which set up licensing requirements for growing and processing industrial hemp. While many states moved to legalize hemp production after the passage of the 2018 Farm Bill at the end of the year, New Jersey was one of a few states that started doing so after the 2014 Farm Bill recognized the difference between industrial hemp, from which CBD is derived, and marijuana.

The state passed NJ A1330 in November 2018, adopting the same standard as the federal government, requiring industrial hemp to contain .3% or less THC by weight and setting up a pilot program that was eventually replaced by the subsequent passage of NJ A5322.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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The new statute completely legalized all forms of hemp and products derived from it, as long as the crop was grown in a legal manner with less than .3% THC. Growers and processors must be licensed, and anyone who grows hemp without authorization will be subject to the same penalties as those who get caught growing marijuana. Three violations in five years would result in a five-year ban from growing hemp.

Intentional attempts to skirt the law would be referred to state and federal law enforcement agencies. Hemp products, including CBD, may be transported out and into the state, provided the out-of-state CBD was produced from industrial hemp and not marijuana plants. New Jersey has submitted its plan to the U.S. Department of Agriculture (USDA) and it awaits approval. NJ A5322 specifically states that individuals may still grow hemp in the state if USDA doesn’t approve the state’s plan as long as the grower complies with federal statutes.

Hemp-derived CBD is legal in New Jersey in all forms, including cosmetics, personal products, and food. NJ A5322 allows the state’s health department to set rules around CBD. All hemp is required to undergo testing for THC levels, and any hemp that tests higher than .3% THC must be reported to the producer and the USDA, and may be required to be retested.

New Jersey CBD possession limits

There are no possession limits in New Jersey when it comes to hemp-derived CBD. For medical patients using marijuana-derived CBD, the possession limit for medical marijuana in New Jersey is 2 ounces, or 56.7 grams, of marijuana product in a 30-day period.

There are no possession limits in New Jersey when it comes to hemp-derived CBD, but there is for medical patients using marijuana-derived CBD. Photo by: Gina Coleman/Weedmaps

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Where to buy CBD in New Jersey

Smaller, local retailers and health food stores in New Jersey may offer CBD products. Shopping online is another option since the U.S. Postal Service (USPS) has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands, while a list a reputable CBD brands can be found on Weedmaps.

How to read CBD labels and packaging

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a final conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products look for these on the label: