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1_CBD Oil in New Jersey

in New Jersey

The land that has produced people like Jon Bon Jovi, Frank Sinatra, Bruce Springsteen, Buzz Aldrin and Shaquille O’Neal is sure in need of some spine when it comes to making their own laws rather than play tag along with the federal big brother.

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1_Is CBD Oil Legal in the New Jersey

Is CBD oil Legal
in New Jersey?

1_CBD Is legal

Yes CBD Oil is Legal in New Jersey, as the state has never passed a law stating CBD as Illegal.

Also as there are no laws on CBD by the State of New Jersey, Federal Laws apply in the State.

However, as the FDA has termed the usage of CBD oil illegal in food products, CBD infused Food and Beverages are illegal in New Jersey, until the state make their own laws that make it legal.

1_What’s Legal and What’s Not in New Jersey

What's Legal, What's Not!

Industrial hemp has a long and rich history. It is a product that has the power to provide raw materials to a variety of industries like clothing, health products, building materials, animal feed, biofuel, paper, fiber, bioplastics, cosmetics, food products, and many more, which makes it a very useful crop in terms of economic sense as well. Their usage in the field also helps by killing any weeds thus reducing the need to use herbicides and act as a natural filter that holds the sediment run off thus minimising nutrient pollution to water resources.

1_Farm Bill 2018

Keeping all of these capabilities of the industrial hemp plant, the 2018 Farm Bill allowed their cultivation with not more than 0.3% THC on dry weight basis all over the US. The Farm Bill basically decriminalises the hemp and removes it from the Controlled Substances Act and allows it under state approved pilot programs to use it via research institutes and universities. 

1_Assembly Bills

Assembly Bill 1330 follows the directions specified in the Federal Farm Bill and allows under the Department of Agriculture any individual to cultivate industrial hemp along with guidance from a qualified institution of higher education who shall administer this pilot program.

 The individual will be protected by the law to handle, use, process, etc. the hemp plant as long as they comply with all federal regulations concerning the cultivation of industrial hemp. 

1_In some states, growth and cultivation of Hemp is legally allowed

As cannabidiol is no longer a Schedule I drug anymore, the DEA (Drug Enforcement Agency) no longer control it but the responsibility has been transferred to the United States Department of Agriculture (USDA). In November 2018, the New Jersey Department of Agriculture (NJDOA) also passed a legislation removing industrial hemp from the category of controlled substances and turned it into a legal crop.  

But instead of creating their own laws the NJDOA is waiting for the USDA to approve rules for each state which will include testing procedures, certification methods, inspection plans and additional measures. This is supposed to happen in the fall of 2019 and we can expect in the later part of the year some new rules regarding the use of industrial hemp and its products including CBD oil and its many derivatives.

USDA does not interfere in the policy making process of individual states and also does not stop hemp derived products to be taken across state lines for commercial or other purposes as long as the products follow the condition of having no more than 0.3% THC content. To enact these directives of the USDA and if required to enforce more stringent laws is the responsibility of the states. 

1_Assembly Bills

The Assembly Bill 5322 signed in November 2018 helps begin a more permanent pilot program for farmers in New Jersey to produce industrial hemp.

 This pilot program protects the farmers from criminal penalties if they meet the federal guidelines and follow the legal growing limits in collaboration with higher education institutes. However, NJDOA has to create proper licensing and contracting forms and procedures and prescribe the hemp test procedures yet.

1_FDA regulates CBD in Food

When it comes to the edible parts like the CBD oil used in health supplements, in cakes, cookies, pastries, coffee, etc., the FDA regulates this domain. 

They pack all of the edibles that contain CBD under the Federal Food, Drug and Cosmetic Act (FD&C Act) and the Public Health Service Act. 

1_CBD is not allowed in food products by FDA

The FDA has decided at present that under the FD&C Act, it is prohibited to introduce or deliver interstate any food items for human or animal use that has any amount of THC or CBD added to them even if they do not make any disease treatment claims.

As of date due to the fact that the Department of Health in New Jersey has not made or adopted any policies or regulations prohibiting CBD in food products, they should not take any action if it is found being sold in the state. This will apply only to that point till they expressly do not stop its use for whatever reasons. However, any product that is being sold in New Jersey containing CBD should have not more than 0.3% THC content from lawfully sourced hemp product.

To legally sell a product containing CBD oil, edibles or creams, etc. one may do so at the moment till it is as per the directions of the federal laws and has virtually no THC content. Medical cannabis however is sold under Chapter 307 that allows it as an alternative treatment with a dispensary endorsement only.

1_Where to Find CBD Oil in New Jersey

Where to buy CBD oil
in New Jersey

The legal landscape is poised to change soon. But as it stands today the situation is unclear whether one should sell or wait for better laws to be written. In this state of uncertainty, some of the retailers and manufacturers are going full steam ahead commercialising the CBD industry in their own way whereas others are erring on the side of caution. However, CBD and its variants are easily available at many places in the state of New Jersey, such as:

  • Burman's Health Shop/CBD Oil Store, 3409 Edgmont Ave, Brookhaven, PA 19015, USA
  • EarthE CBD Store, 231 Chambersbridge Rd, Brick Township, NJ 08723, USA
  • CBD Oil (Cannabis Medical Grade) Distributor/Store, 123 unit A, Oxford Ave, Jersey City, NJ 07304, USA, and many more
1_Horrors and reasons not to buy CBD Oil locally in New Jersey

Horrors of Buying CBD locally

1_Fake and Spurious CBD is quite rampant

Till date without proper legislation in place, many local shops may be selling all sorts of cannabidiol. 

There is no proper checking in place to see if the product actually has less than 0.3% THC as advertised on their label or not. But all this will become a thing of the past when stores and other CBD joints with permits will be allowed to store and sell approved CBD products most probably very soon. As it stands, most local stores have no idea about the validity of the sources unless they have a proper third party testing certificate and buying from such places is unsafe.

1_How to buy CBD Oil online and guidelines in New Jersey

How to get CBD Oil Online
in New Jersey

Online buying is faster, convenient and a lot easier than going around normal brick and mortar shops and stores in the area looking for a suitable product. Parking and driving might also get your goat, if you do not enjoy driving at all. Do ensure that you check out the credentials of the company who is offering the product online in regard to its quality and the capability of the company to deliver to your address. A third party check done by a laboratory is another thing to check which will tell you about the quality of the product you intend to buy. Other than that you can get good deals online making the product much cheaper than the local market rates most of the time. All this at the added convenience of being delivered the product while you sit at home.

Final Thoughts on CBD Oil in New Jersey

New Jersey lawmakers need not tag along the federal line. If they want, which they should, they can make CBD legal tomorrow but somehow they are not taking that initiative and instead waiting for FDA to tell them what to do and how to do it. Though it is a welcome sign that they have not gone against CBD and its products. 


We hope state laws will soon be written in a manner that citizens of New Jersey benefit from the health benefits as well as the economic boom that the hemp industry is bound to bring with proper legalisation in the state. At present, let us wait and watch how that happens.