Legality

Medically Reviewed By:

Nidra Sidhu, M.D. Integrative Medicine

Is Delta 8 Legal In New Jersey? Where To Buy Delta 8 In New Jersey

Delta 8 products have become the fastest and largest growing sector of the hemp industry due to their mild psychotropic effects and similar health benefits to delta 9 THC. 

Delta 8 THC is federally legal thanks to the 2018 Farm Bill but state laws don’t always align with federal regulations and some states explicitly ban delta 8 THC. Other states, such as New Jersey, established and administered their own industrial hemp pilot programs for research purposes. 

After the 2018 Farm Bill changed the legal status of hemp federally, New Jersey legalized hemp and its derivatives like delta 8 THC creating hemp farming programs for farmers in the state. 

While delta 8 enjoys a legal status in the Garden State, it must contain no more than 0.3% THC. This article discusses New Jersey state law on delta 8 and the best place to buy delta 8.

Where Does Delta 8 THC Come From?

Before delving into the legal details, let’s take a quick look at where delta 8 THC comes from and whether it is a natural or synthetic compound.

Delta 8 THC can naturally be found in hemp and recreational cannabis plants. It is one of over 100 phytocannabinoids that naturally occur in these plants.

Unfortunately, because delta 8 occurs in tiny quantities extracting any significant amount of it would require you to grow a vast number of plants. However, researchers discovered a way to obtain the compound in larger quantities for commercial sale.

Scientists found various ways of converting hemp-derived cannabinoids like CBD or delta 9 THC to delta 8. The most convenient method is called isomerization. This conversion involves a series of chemical processes where CBD or delta 9 is introduced to chemicals at a precise temperature, creating an environment for the conversion to delta 8 to occur.

Is Delta 8 THC Synthetic?

Delta 8 THC has a natural source in the cannabis and hemp plants and can be purely extracted. So, even though most of the delta 8 on the market is converted from a hemp extract, it still originates from natural sources which don’t make it synthetic, unlike synthetic cannabinoids like K2 or Spice.

Delta 8 THC Vs. Delta 9 THC

Delta 8 is an analog of delta 9, the main psychoactive component in cannabis so delta 8 and delta 9 have similar molecular structures with very slight differences in the placements of their carbon-to-carbon double bonds.

This placement may seem very slight, but it is what causes the difference in the effects of these compounds on your body. The carbon double bond of delta 8 THC is located on the eighth carbon while that of delta 9 THC is situated on the ninth carbon hence their names.

When you consume delta 8, it bonds to both the CB1 receptors (located in your central nervous system, particularly the brain and spinal cord) and CB2 receptors (located in your peripheral nervous system and immune cells).

Both compounds produce psychoactive effects but unlike delta 9 which bonds strongly to the CB1 receptors producing an intense high, delta 8’s ability to bond with both receptors makes the high it produces smoother and more mellow.

New Jersey Delta 8 Laws

In November 2018, the New Jersey Industrial Hemp Pilot Program was signed into law. Shortly after, congress passed the Agriculture Improvement Act of 2018 which made changes to hemp production on a federal level.

The most significant change was that delta 8 in NJ and hemp-derived cannabinoids were no longer considered controlled substances under federal law.

The Agriculture Improvement Act separated the definition of hemp from marijuana consequently removing hemp from the list of controlled substances. Congress also passed subsequent bills that included provisions to prevent the Drug Enforcement Agency from interfering with duly authorized state industrial hemp programs.

Following this Act, New Jersey and neighboring state Pennsylvania, and others like Hawaii, Kentucky, and Missouri enacted their State Hemp Farming Programs. The New Jersey Hemp Farming Act was passed in 2019 which legalized the cultivation of industrial hemp containing no more than 0.3% THC on a dry weight basis and declassified hemp and its derivatives as controlled substances.

New Jersey Hemp Program

The New Jersey Department of Agriculture introduced new rules to establish a licensing program. 

The legislature adopted the following definitions to further clarify legal hemp and hemp products in the state.

Hemp Clarifying Definitions

• Cannabis -  “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.”
• Hemp - “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 agricultural commodities and not controlled substances.”
• Hemp product - “ 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.” 
• “Federally defined” THC level for hemp or “acceptable” hemp THC level - “laboratory testing confirms the delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product.” 

According to these definitions, delta 8 THC including delta 8 gummies 100 mg slots in under hemp products. It is classified as an agricultural commodity, not a controlled substance making it legal as long as it contains no more than the federally defined THC level of 0.3 percent.

Is Delta 9 THC Legal In New Jersey?

Delta 9 THC is the main psychoactive component in marijuana which is responsible for its psychotropic effects. Marijuana is a controlled substance on a federal level but some states legalize it for medical and recreational purposes.

Marijuana has been legal in New Jersey since 2010 when the state passed the New Jersey Compassionate Use Medical Marijuana Act. The Act's purpose was to protect patients with qualifying medical conditions, their physicians, and primary caregivers from arrest for possessing or using marijuana for medical purposes.

Fast forward to 2021, recreational marijuana was legalized for adults 21 years and above. The New Jersey Cannabis Regulatory Commission regulates the use of cannabis.

There are possession limits and limits to how much marijuana a person can buy per transaction. Possessing more than 6 ounces of marijuana or delta 9 THC is considered a fourth-degree crime and you can be incarcerated for up to 1.5 years with a maximum fine of $25,000.

Is Delta 10 THC Legal In New Jersey?

Yes, delta 10 THC is covered under the definition of hemp products by the current New Jersey hemp legislature since it is also derived from hemp.

Delta 10 is a hemp product that is legal, provided it contains no more than the acceptable level of THC which is 0.3%.

Where Can you Buy Delta 8 In New Jersey?

In New Jersey, you can buy delta 8 online or from local dispensaries, vape shops, convenience stores, or even gas stations. However, we advise you to buy delta 8 THC online due to several benefits.

• Buying online gives you a chance to look at reviews of the products.
• You will most likely get better prices and sometimes discounts when you buy online.
• You can order from your home conveniently and discreetly.
• You get a variety of high-quality products to choose from when you shop online.

Always take precautions when buying hemp-derived products because the delta 8 market is unregulated and there is a possibility of fake products or products that exceed the acceptable hemp THC level being sold. 

Ensure you read third-party tests to confirm that you are consuming federally compliant products and that the final product is free from any residual substances.

At What Age Can You Buy Delta 8 THC In New Jersey?

The New Jersey City Council has passed an ordinance to regulate the age limit for buying delta 8 THC. The ordinance prohibits the sale of products containing 0.5 milligrams or more of any combination of THC including delta 8, delta 10 THC, or any other hemp-derived cannabinoids that are advertised as having intoxicating effects to anyone under the age of 21.
Retailers are required to ask buyers for a government-issued ID that shows proof of age. 

Types Of Delta 8 Products That You Can Buy In New Jersey

Delta 8 THC products can be found as edibles, smokeables, oils, or creams and all of them are legal in New Jersey provided they contain the legal limit of THC.

Edibles

Delta 8 THC edibles are food products that have been infused with delta 8, such as delta 8 gummies 1000mg, cookies, candies, or beverages.

Flowers & Vapes

Delta 8 flowers are hemp flowers that have been sprayed with delta 8 THC. Electronic vape cartridges contain delta 8 oil for vaping.

Tinctures and Oils

These are natural oils that have been infused with delta 8 THC. Tinctures and oils are taken sublingually which means they are placed under the tongue to be absorbed.

Topicals or Creams

Topicals and creams are available for external use. You can apply them directly onto your skin to alleviate pain. 

What Does The Future Hold For Delta 8 THC In New Jersey?

Some states have already banned delta 8 believing that it is a synthetic cannabinoid, although technically it is not since it is manufactured from a hemp-extracted cannabinoid.

Delta 8 THC is legal in the Garden state and there is no upcoming legislature both on the federal and state level that threatens the legality of delta 8 THC but it is hard to say how long its legal status will last in New Jersey.

It is important to keep in mind that federal and state laws are subject to change at any time, therefore before you buy any hemp-derived product, you should research your state laws to know what they say.

Currently, you can buy different types of delta 8 products in New Jersey, but a recent ordinance passed to regulate delta 8 THC, requires you to be 21 years or above to purchase them.

If you are looking for premium quality, lab-tested THC products, we recommend you try our federally compliant delta 8 edibles.

Legal Disclaimer: Always consult an attorney for the best legal professional advice regarding human and animal consumption and your state law, as the material shared here is for informational purposes only. If you use prescription medications, always follow your doctor's advice before purchasing delta 8 THC. Delta 8 THC is not intended to diagnose, treat, cure or prevent any medical conditions.

Clayton McCall

Clayton is a Senior Content Specialist, researcher, and holistic healthcare practitioner. Having been in the supplement industry for more than 15 years, Clayton brings a wealth of experience to the delta 8 space. His publications include alternative therapy, stress and coping, and alternative health.