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CBD State-by-State is a road trippin’ series across the U.S. in which we explore the legality of CBD in each individual State. CBD can be sourced from a variety of species, usually either Marijuana or Hemp. Hemp is legal in all 50 states, while marijuana legality differs state by state. Hemp and Marijuana differ in the CBD:THC content contained in oils sourced from the plants.
As a general rule, CBD oil sourced from marijuana is strictly illegal in New Jersey unless you have special patient status. CBD sourced from hemp that is cultivated outside the State of New Jersey, however, is perfectly legal.
Below are some detailed notes and a guide to CBD oils sourced from either Marijuana or Hemp in the State of New Jersey.
CBD FROM MARIJUANA IN NEW JERSEY: IS IT LEGAL?
RECREATIONAL MARIJUANA IN NEW JERSEY
Recreational marijuana is illegal in New Jersey. Possession of under 50 grams of marijuana in the state of New Jersey is considered a “disorderly person offense”, potentially carrying a sentence of 6 months in prison and a fine up to $1,000. Possession of greater amounts is a crime in the 4th degree, punishable by as much as 18 months in prison and a $25,000 fine.
MEDICAL MARIJUANA IN NEW JERSEY
New Jersey lawmakers legalized medical marijuana in 2010 with Senate Bill 119, but the program has sluggish and provides very limited access to medical marijuana. Patient registration opened in 2012, but a relatively limited list of qualifying conditions and a lack of operational dispensaries have hindered the program. According to Senate Bill 119, registered patients may possess up to 2 oz. of marijuana per month, but cannot cultivate it themselves. More on applying for medical marijuana in the New Jersey.
In September 2016, Gov. Christie signed Assembly Bill No. 457 to expand the law to include post-traumatic stress disorder (PTSD) as a medical condition for which medical marijuana may be authorized.
As of today, patients with the following conditions qualify for the state’s medical marijuana program:
- Amyotrophic Lateral Sclerosis (ALS)
- Cancer (includes associated chronic pain and/or severe nausea)
- Crohn’s Disease
- HIV/AIDS (includes associated chronic pain and/or severe nausea)
- Inflammatory Bowel Disease
- Multiple Sclerosis
- Muscular Dystrophy
- Seizure and/or Spasticity Disorders
- Post-traumatic Stress Disorder (PTSD)
- Any terminal illness if a doctor has determined the patient will die within a year
CBD FROM HEMP IN NEW JERSEY
Although it remains illegal to grow hemp in New Jersey, the consumption of CBD (cannabidiol) sourced from hemp is federally legal in all 50 states thanks to the 2014 Farm Bill. One must exercise caution, however, as federally legal does not mean state legal. Since New Jersey has no made laws specifically related to CBD from hemp oil, it is legal to purchase and consume CBD oils sourced from Hemp so long as they are not cultivated in the state itself.