New Jersey marijuana authorities say they will enforce a state ban on hemp products containing THC or derivatives that are “not naturally occurring.”
That appears to be limited to synthetic cannabinoids such as delta-10 THC, as products containing intoxicating levels of hemp-derived delta-8 or delta 9 THC are safe under an October federal court order, experts told the New Jersey Monitor.
Following restrictions in other states limiting the nationwide trade in intoxicating hemp-derived THC, New Jersey Gov. Phil Murphy in September signed a bill into law that would have limited such products to state-licensed marijuana stores.
However, a group of hemp product manufacturers sued, and a federal judge ruled that portions of the state law “violate the Farm Bill’s express preemption provision and the dormant commerce clause” and, thus, are unenforceable.
Lawmakers have said they plan to address the constitutional problems identified by the federal court in subsequent legislation.
But in the meantime, authorities will crack down on products containing cannabinoids that are not present in nature, such as delta-10 THC and THC-O, the Monitor reported Friday.
Meanwhile, the New Jersey Cannabis Regulatory Commission (CRC) posted an update to its website on Friday declaring that the new hemp 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.”
That seems to suggest that delta-8 and delta-9-derived THC are in the clear.
But the state also can enforce age restrictions limiting the sale of hemp-derived products to adults 21 and older, the CRC said in its notice.
