Is Delta-8 Legal in New Jersey?

The Garden State has some of the most relaxed delta-8 laws in the US — find out how and why here.

New Jersey resident smoking delta-8 THC flower
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Hemp-derived delta-8 is legal in New Jersey and no upcoming legislation seeks to change this. 

You can freely use, possess, sell, market, and produce delta-8 products without risk of penalty or prosecution under state law. The same legality applies to delta-10, HHC, THC-O, and other delta-9 isomers.

New Jersey legalized medical cannabis in 2010 and recently permitted recreational marijuana for adults above the age of 21 in 2021. Marijuana-derived delta-8 is therefore legal. 

Hemp-derived CBD is legal and doesn’t require a prescription. You can purchase over-the-counter CBD products through unlicensed physical retail stores and online vendors.


Summary

  • Hemp-derived delta-8 is legal in New Jersey. State law allows the use, possession, sale, distribution, purchase, marketing, and production of delta-8 products. 
  • Marijuana-derived delta-8 is also legal. 
  • Hemp and marijuana-derived THC isomers such as delta-10, HHC, and THC-O are legal, as are hemp and marijuana-derived CBD products. 
  • You can purchase hemp delta-8 online and through physical retail stores. Marijuana delta-8 is only available through licensed cannabis dispensaries.

Is delta-8 legal in New Jersey?

Yes, delta-8 THC derived from hemp plants carrying no more than 0.3% is legal in New Jersey. Under state law, the use, possession, sale, distribution, marketing, and production of delta-8 products are permitted. Marijuana-derived delta-8 is legal but regulated for medicinal and recreational use.

The legislative history of delta-8 in New Jersey

New Jersey legalized delta-8 after state lawmakers passed NJ A1330 in 2018. This bill coincides with the federal Agriculture Improvement Act (Farm Bill 2018), legalizing hemp, hemp production, and all hemp-derived compounds. 

There is no upcoming legislation that could change the legality of delta-8, but with many US states currently regulating, restricting, or outright banning delta-8 products, the future remains unknown. Learn more about delta-8 legal status in the US.

If New Jersey changes its stance on delta-8, lawmakers will likely regulate it under the state’s existing cannabis laws. Regulatory oversight would only allow delta-8 products for medicinal use and for adults aged 21+. 

Buying delta-8 in New Jersey

Various types of delta-8 products sold in New Jersey
Delta-8 products are sold in retail CBD stores and vape shops across New Jersey. Photo: CBD Oracle

You can legally purchase delta-8 THC from unlicensed physical retail stores and online vendors in New Jersey. Prescriptions aren’t required and there are no possession limits. Legal over-the-counter delta-8 must be derived from hemp plants carrying up to 0.3% delta-9. 

While physical retail stores are a fantastic way to purchase delta-8 products, we always recommend legitimate online delta-8 vendors. 

Online delta-8 vendors are convenient and easily accessible. All you need is an internet connection and a credit card. The only stumbling block is knowing which delta-8 products to purchase. Some are fantastic, while others are subpar and potentially hazardous to your health.

Check out our recommendations for the best delta-8 products currently on the market:

Our team of expert reviewers vets every single company and its delta-8 products, ensuring safe, transparent, and high-quality offerings — all backed by legitimate COAs issued by professional cannabis testing laboratories. 

Can you travel to New Jersey with delta-8?

Since hemp-derived delta-8 is legal in New Jersey, traveling into the state with delta-8 products in your possession is likely permitted. 

However, if you’re planning to fly into New Jersey, we recommend checking with your airline first. Not all airlines allow cannabis-related products onboard and will need to be in your checked-in luggage. 

Traveling into New Jersey with marijuana-derived delta-8 is another story altogether. Despite the state legalizing medical cannabis and recreational marijuana, crossing state borders with marijuana-derived delta-8 products is prohibited by the federal government. 

RELATED: Can You Get High on Delta 8 Edibles?

Is marijuana legal in New Jersey?

Budtender trimming medical cannabis flower grown in New Jersey

Yes, medical cannabis and recreational marijuana are both legal in New Jersey. The state legalized medical marijuana in 2010 and recently permitted recreational marijuana in early-2020, becoming the fourteenth US state to allow adult-use cannabis for those over 21. Licensed recreational cannabis dispensaries opened in 2022. 

However, marijuana is not a so-called “free for all” in New Jersey. Some regulations apply, including limits on possession and restrictions on where you can smoke. 

Cannabis legalization in New Jersey couldn’t have come soon enough. New Jersey police arrested 24,765 people for low-level cannabis possession in 2013 and 34,500 in 2017, a number higher than any other US state at the time. Legalization will permanently curb these numbers. 

RELATED: How Does Delta 8 Compare to THC?

Medical marijuana laws in New Jersey

New Jersey became the 14th US state to legalize medical marijuana on January 18, 2020, after then-governor Jon Corzine signed S. 119, also known as the Compassionate Use Medical Marijuana Act (CUMMA)

Cannabis legalization stalled following Corzine’s departure from office, who was replaced by Governor Chris Christie. The state’s medical cannabis patient registry restarted in 2012, allowing licensed physicians legal avenues to once again prescribe medical marijuana. 

CUMMA originally permitted the use and possession of medical cannabis for eligible patients suffering from certain health conditions, including cancer, glaucoma, multiple sclerosis, HIV/AIDs, and Crohn’s disease. Growing marijuana for personal consumption remained illegal. Patients or their caregivers had to purchase cannabis from state-licensed treatment centers. 

Over the next decade, subsequent legislation has expanded New Jersey’s medical cannabis program. 

In 2013, Governor Christie signed S. 2842 into law, permitting the use and possession of edible medical cannabis products for patients above the age of 18. 

Later, in 2019, Governor Phil Murphy signed A. 20 (Jake’s Law), revitalizing and expanding New Jersey’s medical marijuana program. The bill allows home cannabis delivery services, increases the cannabis possession limit, and creates better overall access to cannabis. 

Medical cannabis possession limits are as follows:

  • 1 ounce (28 grams) of cannabis
  • Possession of 3 ounces (85 grams) in a 30-day period
  • Terminally ill patients have no monthly cannabis possession limit
  • Growing and cultivating cannabis for personal medicinal use is prohibited

Recreational marijuana laws

New Jersey became the fourteenth US state to legalize recreational cannabis for adults above the age of 21. 

Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act into law in 2020. This bill establishes the state’s first legitimate recreational cannabis industry. The first dispensaries opened on April 21, 2022. 

Licensed New Jersey dispensaries are permitted to sell and distribute the equivalent of up to 1 ounce of cannabis per customer. This 1 ounce can include:

  • 1 ounce of dried cannabis flower
  • 5 grams of cannabis concentrates, oils, or resins
  • 1000 mg of ingestibles (gummies, etc)

CREAMM also expunges the records of low-level cannabis offenders. 

Can you purchase delta-10, THC-O, or HHC in New Jersey?

HHC vape product sold in New Jersey
New Jersey allows the sale of intoxicating hemp products including HHC, THC-O, THC-P, Delta-10, and other THC isomers. Photo: CBD Oracle

Yes, New Jersey allows hemp-derived delta-10, THC-O, HHC, and all other delta-9 isomers. 

Under state law, the use, possession, sale, purchase, marketing, and production of delta-10, THC-O, and HHC products are legal. Marijuana-derived THC isomers are also legal under the state’s medical and recreational cannabis laws. 

You can purchase delta-8, THC-O, and HHC products online and through physical retail stores. You can likely buy marijuana-derived THC isomers through licensed cannabis dispensaries. 

RELATED: What is Stronger, HHC or Delta 8?

Is CBD legal in New Jersey?

Hemp-derived and marijuana-derived CBD are both legal in New Jersey. 

State lawmakers legalized hemp-derived CBD carrying no more than 0.3% following the passage of NJ A1330 in 2018. 

Previous legislation (NJ Assembly Bill 5322) established licensing frameworks for growing and cultivating hemp and created a hemp pilot program. New Jersey was one of the first states to legalize hemp production in 2014, coinciding with the 2014 Farm Bill. 

There are no hemp-derived CBD possession limits, but there are for marijuana-derived CBD. 

The marijuana CBD possession limit is 3 oz (85 grams) over a 30-day period. There is no possession limit for terminally ill medical marijuana patients. 

All forms of CBD are legal in New Jersey, including cosmetics, foods, and dietary supplements. 

RELATED: Is THCP Stronger than Delta 8?

Upcoming legislation in New Jersey

There is no upcoming legislation that could change the legality of delta-8 in New Jersey — now or in the future. 

Conclusion

New Jersey is one of the most delta-8-friendly states in the US. The state allows hemp and marijuana-derived delta-8 products, including foods, cosmetics, and dietary supplements. 

As already mentioned, you can purchase hemp-derived delta-8 online and through physical retail stores. Only licensed dispensaries can offer marijuana-derived delta-8 to patients above the age of 18 (medical) and above the age of 21 (recreational). Now, go forth and feel free to enjoy delta-8 at your leisure. You won’t regret it.

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