Are CBD (Cannabinoid) Products Legal in New Jersey?

Although New Jersey lawmakers have been working to legalize marijuana for some time, and have missed several predicted deadlines, according to lawmakers, it is going to happen sooner than later. However, this means, that for New Jersey, marijuana is still presently illegal.

But what about CBD (Cannabinoid) and/or Hemp products? The use of CBD products is becoming increasingly more popular in a variety of ways. CBD products can be ingested, applied to the skin, and vaporized. Some people use CBD hemp oils, while others use CBD edible products like flavored CBD gummies.

CBD products are available for purchase in New Jersey both in retail stores and online. They are over-the-counter products with no restrictions. The term “industrial hemp” refers to hemp that contains Non-Detectable THC. CBD is extracted from the industrial hemp plant. There is, however, a crucial difference between marijuana and hemp–the amount of psychoactive Tetrahydrocannabinol (THC) each plant produces. While marijuana can contain up to 30% THC, hemp generally contains only 0.3% THC. In other words, hemp has such a low amount of THC that it is nearly impossible for it to have any psychotropic affect on the person using/ingesting it. For that reason, it is generally not illegal to possess or use CBD products that are hemp-based, since they will likely only contain .3% THC. Click here to read more at

Unfortunately, if you are found to be in possession of a CBD product in NJ and you are unaware of its origin (i.e., whether it is marijuana based or hemp based), you may be arrested and charged with possession of marijuana (a controlled dangerous substance).  Generally, officers will have to send your CBD product to the NJ State Police Laboratory for testing in order to sustain the burden of proof required to convict you of a possessory offense.  However, the standard to charge you (i.e., probable cause), is much lower. In other words, “proof” of the fact that your CBD product is marijuana based is not required to issue a criminal charge against you. For those reasons, THINK TWICE before you possess or use a CBD product in NJ – at least until marijuana is legalized.

If you are found to be in possession of a CBD product in NJ and charged with Possession of a Controlled Dangerous Substance, contact an attorney immediately. Aggressive criminal defense lawyer, Alissa D. Hascup has represented many individuals charged with Possession of CDS throughout the State of NJ, including in Paterson, Wayne, Totowa, and Clifton. Contact her office today for a free consultation about your case. She is available 24/7 at 862-257-1200.