In a move that has sparked considerable debate, Governor Phil Murphy has signed a bill that significantly restricts the sale of hemp products in New Jersey. This new legislation mandates that businesses must obtain a cannabis license to sell hemp products, addressing long-standing concerns about minors accessing these products, particularly those containing delta-8 THC.
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The bill places hemp products under the jurisdiction of the state's Cannabis Regulatory Commission, which currently oversees New Jersey’s recreational and medicinal marijuana markets. While Governor Murphy acknowledged the bill’s flaws, he signed it into law, citing the immediate health and safety risks posed by unregulated hemp products available to minors. Murphy indicated that although the bill was not perfect, it was necessary to address these pressing concerns and committed to working on technical fixes through separate legislation.
Since the 2018 legalization of hemp by Congress, the market has seen minimal regulation, resulting in intoxicating hemp products appearing in convenience stores and gas stations. Lawmakers have moved to address the situation after reports of minors purchasing products with high THC levels.
Under the new law, it is now illegal to sell any hemp product containing detectable levels of THC to individuals under 21. Businesses will have 30 days to remove such products from their shelves until the Cannabis Regulatory Commission sets new guidelines for sales.
Governor Murphy expressed concerns about the bill’s ambiguous language, which could either create significant loopholes or restrict sales to products manufactured exclusively in New Jersey. This confusion could undermine the bill’s intent or conflict with constitutional commerce clauses.
Supporters of the bill, such as Todd Johnson of the New Jersey Cannabis Trade Association, have praised the decision, viewing it as a step toward extending rigorous standards to hemp-derived products. However, critics like Beau Huch, a lobbyist for hemp beverage companies, argue that the law is excessive and fails to provide tangible benefits for the cannabis industry. Huch also noted missed opportunities to use hemp tax revenue to support struggling cannabis programs.
Scott Rudder from the New Jersey CannaBusiness Association acknowledged the bill’s objectives but shared concerns about potential complications, particularly regarding liquor stores selling hemp beverages under less stringent regulations.
With roughly two-thirds of New Jersey municipalities banning cannabis businesses and potential new restrictions on intoxicating hemp products, the regulatory landscape remains uncertain. The Cannabis Regulatory Commission’s slow pace in finalizing rules has added to the complexity, leaving many in the industry and consumer base awaiting further developments.
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