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The NJ Cannabis Regulatory Commission (NJCRC) announced it wants to enforce a ban on sales of shady, artificially derived intoxicating hemp products and sales to minors under 21.
Notably, quality intoxicating hemp products can still be legally sold to those 21 and over. They are often available at many smoke shops and convenience stores.
“On October 12, 2024, the Commission issued an update about enforcement of the above-noted law following a court order in Loki Brands LLC et al. v. Platkin et al., No. 24-cv-9389 (D.N.J.),” the NJCRC said on their website. “As the October 12 notice advised, due to that court order the State is unable to begin enforcement of the provisions of P.L. 2024, c. 73 relating to the regulation of intoxicating hemp products at this time.”
“However, the prohibition on the sale or distribution of any type of THC products to a person under 21 years of age remained in effect and remains enforceable,” they wrote. “Additionally, the State advises that the law’s prohibition on the sale or distribution of hemp products or cannabis items that are not derived from naturally occurring biologically active chemical constituents remain in effect and is currently enforceable.”
“Any further developments will be posted as they become available,” the NCJRC added.
They did not release any further details explaining how they define intoxicating hemp products with non-naturally occurring biologically active chemicals.
Heady NJ was alerted to the NJCRC’s announcement by the Dispensary Guy on Instagram.
The New Jersey legislature passed a law banning most intoxicating hemp sales in June. However, they did allow intoxicating hemp drinks after the alcohol, beer, and liquor lobbyists came out in force in favor of an exception to their sales in liquor stores. Those types of companies got in on the intoxicating hemp craze and worked hard to push their carveout into the law.
While the NJCRC has not allowed infused cannabis drinks that get you high yet, they are supposed to be working on that, along with cannabis consumption lounges, among other things.
So Governor Phil Murphy (D) signed the ban on intoxicating hemp products this past September 2024. In his signing statement, he noted there were issues with the legislation.
Several intoxicating hemp product manufacturers, including many large corporate Multi-State Operators (MSOs) filed a lawsuit to overturn it and cited Murphy’s statement. The State of New Jersey fought the lawsuit in court.
However, a judge ruled in favor of allowing intoxicating hemp sales since he said they are federally legal. The judge noted that former and upcoming President Donald Trump signed into law the 2018 Farm Bill. Congress passed it with bipartisan Republican and Democratic support. The Farm Bill legalized the sales and manufacture of the industrial form of marijuana known as hemp. Hemp is supposed to have less than .3 percent Delta-9 THC in it.
This is the cannabinoid that gets people high.
Federal legal experts were not aware of the other cannabinoids that exist in the hemp plant besides Delta-9 THC. So enterprising scientists found other cannabinoids that do get you high, like Delta-8 THC, Delta 10-THC, THCA, and others.
So many convenience stores, along with smoke shops and headshops, began selling intoxicating hemp products.
The lawsuit was very confusing and tumultuous. The judge released his opinion on a Thursday. The intoxicating hemp sale ban was supposed to go into effect that weekend.
Such a range of vendors went into the market. Many opportunistic owners of gas stations, corner stores, and bodegas unfortunately, were unconcerned about the quality of their products. So, a lot of them sold shady products.
Some intoxicating hemp product labels claim they have a very large amount of Delta-8 THC or THCA.
Legal NJ cannabis gummies have 10 MG of THC per piece and 10 in the packet for 100 MG of THC. But then some intoxicating hemp gummies are sold, saying there is 1000 MG of THC in them. And then they don’t always work.
They have harmed the popular image of smoke shop owners.
The NJCRC is likely referring to the worst of these types of products.
In addition, many licensed cannabis business owners don’t like that intoxicating hemp sellers are not mandated to comply with regulations. Hemp businesses don’t have to pass the costly red tape and barriers to entry of the State, towns, or federal tax issues they do. So, they see it as a form of competition with an unfair advantage.
That includes independent dispensary owners. So, the NJ CannaBusiness Association (NJCBA), which represents many independent businesses, is against it. In addition, the NJ Cannabis Trade Association (NJCTA), which is dominated by large MSOs, actively lobbied for the intoxicating hemp sales.
In addition, Heady NJ has seen on social media many underground legacy operators and consumers are critical of intoxicating hemp. They often cite the concerns over quality the NJCRC is interested in addressing.
However, many smoke shop and head shop owners are ethical businesspeople who care deeply about the products they sell.
Legal New Jersey cannabis dispensaries cannot sell non-psychoactive CBD products that don’t get you high and have health benefits. This is due to the NJCRC rules on selling products by licensed businesses.
A lot of intoxicating hemp products do feature Certificates of Analysis (COAs) from testing labs that explain the makeup of the product.
So many smoke shop owners who sell intoxicating hemp already have COAs for their products and do not sell products to minors under the age of 21.
There is such a demand for products that get you high that entrepreneurs fill it despite operating underground outside the law in the legacy market. However, many of them are generally good-hearted people who like selling weed.
So, opening a smoke shop and selling and making intoxicating products is a pathway to go from the legacy to legal market.
(Here more about underground legacy to legal cannabis companies at Heady NJ’s event on Saturday 1/11/25!)
“}]] The NJCRC announced it wants to enforce a ban on sales of shady, artificially derived intoxicating hemp products and sales to minors. Read More
