As of October 7, 2026, Delta-8 THC is legal to sell at retail with restrictions in New Jersey. Delta-8 restricted: 0.5 mg/serving cap then CRC channel. The limit is 0.5 mg total THC per serving (mg per serving).
Verified October 7, 2026 (manual) · confidence: confirmed'Total THC' means the total concentration of all tetrahydrocannabinols in hemp or a hemp product, including delta-8, delta-9, delta-10, tetrahydrocannabinolic acid and any other ... isomer of tetrahydrocannabinol, regardless of how derived or manufactured ... 'Hemp product' means a finished product with a ... total tetrahydrocannabinol concentration of not more than 0.3 percent, and not more than 0.5 milligrams of total THC per serving and 2.5 milligrams of total THC per package ...
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Among New Jersey's 3 neighbors, Delaware and New York are illegal; Pennsylvania is legal.
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Federal gray area. Delta-8 THC - federally contested: hemp by plain text per the 9th and 4th Circuits, Schedule I on DEA's synthetic-conversion theory; exclude Federal detail
5 instruments on file for this compound's framework in New Jersey; 0 of 0 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
a098414247dd4a29P.L. 2019, c.425 (S3265 1R) CHAPTER 425 An Act concerning vapor products and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: C.2A:170-51.12 Sale of flavored vapor products prohibited; violations, penalties. 1. a. No retailer, either directly or indirectly by an agent or employee, or by a vending machine owned by the retailer or located in the retailer’s establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person any vapor product that has a characterizing flavor. b. A retailer that violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $500 for the first violation, not less than $1,000 for the second violation, and not less than $2,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality shall issue a summons for a violation of the provisions of subsection a. of this section, and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. c. In addition to the provisions of subsection b. of this section, the Division of Taxation in the Department of the Treasury: (1) shall, upon a third and each subsequent violation of the provisions of subsection a. of this section, following a hearing by the municipality, suspend, for a period of not less than three years, the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of a vapor business; and (2) notwithstanding the provisions of paragraph (1) of this subsection, upon a fourth or subsequent violation of the provisions of subsection a. of this section, may, upon recommendation by the municipality and following a hearing by the municipality, revoke the license issued under section 4 of P.L.2019, c.147 (C.54:40B-3.3) of a vapor business. A licensee whose license is subject to suspension or revocation shall additionally be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation. d. Nothing in this section shall be construed to apply to medical cannabis, medical cannabis products, paraphernalia, or related supplies dispensed to or on behalf of a registered qualifying patient pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.). e. As used in this section: "Characterizing flavor" means a distinguishable flavor, taste, or aroma other than tobacco, including, but not limited to, any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen, or spice flavoring, that is imparted, prior to or during consumption, by a vapor product, including any smoke or vapor emanating from that product. A vapor product shall be deemed to have a characterizing flavor if the product is advertised or marketed as having or producing any such distinguishable flavor, taste, or aroma. “Vapor product” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Vapor product” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, regardless of whether the substance contains nicotine. “Vapor product” does not include any drug, device, or combination product approved by the federal Food and Drug Administration pursuant to the “Federal Food, Drug, and Cosmetic Act,” 21 U.S.C. s.301 et seq. 2. This act shall take effect 90 days after the date of enactment. Approved January 21, 2020.
d78156d87a53f520[CRC FAQ:] [Starting April 13, 2026,] "flower or products that are derived from hemp" [with less than 0.3 percent THC and less than 0.4 mg total THC per container are a] "hemp-derived cannabinoid product" [that Class 5 Cannabis Retailers may sell. Flower or products above either limit are designated cannabis from April 13, 2026, and selling, producing or distributing them without a CRC license is unlawful. Selling or distributing to anyone under 21 a product with] "any detectable amount of THC" [is unlawful. Selling hemp-derived products online is prohibited.] [Statute text not fetched; agency FAQ summarized.]
02580afd99c4410b"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids. "Hemp product" means a finished product with a total tetrahydrocannabinol concentration of not more than 0.3 percent, and not more than 0.5 milligrams of total THC per serving and 2.5 milligrams of total THC per package, that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids. "Hemp product" shall not mean a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents and shall not mean an intoxicating hemp product as defined in section 3 of P.L.2021, c.16 (C.24:6I-33). "Total THC" means the total concentration of all tetrahydrocannabinols in hemp or a hemp product, including delta-8, delta-9, delta-10, tetrahydrocannabinolic acid and any other chemically similar compound, substance, derivative, or isomer of tetrahydrocannabinol, regardless of how derived or manufactured, and any other cannabinoid, other than cannabidiol, identified by the Cannabis Regulatory Commission, in consultation with the Department of Agriculture and the Attorney General, as causing intoxication.
12bd2076e707ac3a"Intoxicating hemp product" means any product cultivated, derived, or manufactured in this State from hemp regulated pursuant to the "Agricultural Improvement Act of 2018," Pub.L.115-334 or the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.) that is sold in this State that has a concentration of total THC greater than 0.5 milligrams per serving or 2.5 milligrams per package. "Intoxicating hemp product" shall not include a cannabinoid product that is not derived from naturally occurring biologically active chemical constituents and shall not include hemp products as defined in section 3 of P.L.2019, c.238 (C.4:28-8).
e79396c421d49accOn January 12, 2026, Governor Phil Murphy signed P.L.2025, c.215, which regulates the production and sale of intoxicating hemp-derived products. The new law also repeals prior legislation on this subject, P.L. 2024, c. 73. On March 30, 2026, Governor Mikie Sherrill signed P.L. 2026, c.7, which revises P.L. 2025, c.215. Starting on April 13, 2026, the following items will not meet the definition of hemp: 1. any viable seeds from a Cannabis sativa L. plant that exceeds a total THC concentration of 0.3 percent in the plant on a dry weight basis (including delta-8, delta-10, THC-A and comparable cannabinoids); 2. cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; 3. cannabinoids that are capable of being naturally produced by a Cannabis sativa L. plant but were chemically synthesized or manufactured; and 4. products exceeding 0.4 milligrams of total THC per container. The above items will be considered cannabis or marijuana and will be subject to the State's laws and regulations. The same will be true after November 13, 2026, for beverages derived from hemp that exceed 0.4 milligrams of total THC per container. The law also immediately prohibits the following actions: 1. Selling, offering to sell, or distributing any product marketed or labeled as hemp if the product exceeds the federally defined THC level for hemp. 2. Selling, offering to sell, or distributing any hemp-derived product or intoxicating hemp beverage online. 3. Selling, offering to sell, or distributing intoxicating hemp beverages through vending machines. 4. Selling or distributing to a person under 21 years of age a product that contains any detectable amount of THC. 5. Producing, selling, or distributing cannabinoids that were synthesized using a chemical process. Starting on April 13, 2026, a hemp-derived cannabinoid product is flower or products that are derived from hemp and contain a total THC concentration of less than 0.3 percent in the plant on a dry weight basis and less than 0.4 milligrams of total THC per container. These products may be sold by licensed Class 5 Cannabis Retailers, provided they comply with the Commission's regulations on testing, packaging, and labeling. An intoxicating hemp beverage is a beverage that is produced before November 12, 2026, using hemp. The new law states that the holder of a plenary wholesale license or plenary retail distribution license issued by the New Jersey Division of Alcoholic Beverage Control or a licensed Class 5 Cannabis Retailer issued by the Commission may sell intoxicating hemp beverages until November 13, 2026. Starting on May 31, 2026, an intoxicating hemp beverage cannot contain more than 5 milligrams of total THC per serving or not more than 10 milligrams of total THC per container.
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