Is Delta-8 legal in New Jersey?

Hemp-derived Delta-8 THC is legal in New Jersey, all across the Garden State, home of the drive-in movie, the zipper, and the ice cream cone. his is based on the Farm Bill and state rules. Keep reading for more info. Click here to order premium Delta-8 from Earthy Select! 

What is Delta-8? 

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system (ECS). 

The ECS uses the cannabinoids as neuromodulators that work with the cannabinoid receptors throughout the human body. ​​Scientists are still actively studying the ECS, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1]. 

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which we’ll discuss in the next section. 

Most states including New Jersey are onboard with Delta-8. Even though the state has legalized marijuana, a lot of consumers prefer the feeling of Delta-8 as an alternative to high-THC marijuana. Some people like both and use each for different purposes. The freedom to choose is definitely a benefit to living in New Jersey. 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis. 

What is an isomer? An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties. 

The molecules that make these three types of THC are very similar in form, but a small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Guide to Hemp-Derived Delta-9 THC.

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. Hemp is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use [3]. It is refined and used in a very wide range of commercial products. Because of its relation to marijuana, coming from the same cannabis plant, hemp has faced uneven legality in the U.S. and other countries, despite being a sustainable powerhouse of a resource. 

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. 2018 Farm Bill (see next section) established new legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be legally used for production, sales, transport, and use. 

Hemp and hemp derivatives include many cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others are federally-compliant for use in inhalable, edible, and topical products.

Does the Farm Bill really make Delta-8 THC legal everywhere? 

The Farm Bill legalized hemp and Delta-8 throughout the United States. For many years in the U.S., cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant. 

In 2018, the United States Congress enacted a groundbreaking piece of law, known as the 2018 Farm Bill. The legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC. 

The Bill defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp. 

Most states passed similar laws in the year or years following the Farm Bill’s enactment. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids.

The New Jersey Hemp Program brought updated the hemp plant so it is not a controlled substance anymore. Jersey State Law on hemp is similar to the Farm Bill.

How do you buy high quality Delta-8 in New Jersey?

Finding great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products. 

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. 

Producers should only use third-party lab testing and publish the CoA results where buyers can access them. This transparency promotes trust and reliability between producers, wholesalers, retailers and purchasers. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including rich and potent Delta-8 and Delta-10 Oils which are non-GMO, gluten free and vegan! 

Where exactly is Delta-8 THC legal? 

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC per dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC per dry weight. And following that in 2019, New Jersey passed its own version called the New Jersey Hemp Farming Act (see below), which legalized hemp-derived cannabinoids like Delta-8 in the state. 

The federal government allows hemp and hemp-derived Delta-8 THC products

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. New Jersey is in a good position. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where can I buy Delta-8 in New Jersey?

Delta-8 is widely available in shops up and down New Jersey from Sussex to Cape May. You may prefer to use the convenient privacy of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tarts, oils and vapes and we ship nationwide. 

Delta-8 and the law in New Jersey

Hemp-derived Delta-8 THC is legal in New Jersey according to the Farm Bill and state rules. New Jersey has had a good relationship with cannabis recently. 

In 2020 by popular vote, New Jersey Public Question 1, the Constitutional Amendment To Legalize Marijuana, passed “with the largest margin of victory of any statewide cannabis legalization ballot measure in US history [4].” As a result, since early in 2021, adults may have up to 6 ounces of marijuana without penalty in New Jersey [5].

New Jersey passed the New Jersey Hemp Farming Act in 2019, removing hemp from the controlled substance lists and adopting the same definitions as the federal government. It states that “Cultivation, handling, processing hemp or hemp products (is) lawful.”

In 2010, the Compassionate Use Medical Marijuana Act, was signed into law, permitting the use of medical cannabis for people with certain serious conditions, and creating New Jersey’s Medicinal Cannabis Program. 

Closing thoughts on Delta-8 in New Jersey

New Jersey loves all that Delta-8. Don’t get stuck in the swamps without some. For the best possible products, ordering online is the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide! 

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Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

1. Wikipedia: Endocannabinoid System
2. Delta-8 and Delta-9: Oral and Intravenous Comparison
3. Wikipedia: Hemp
4. Wikipedia: 2020 New Jersey Public Question 1
5. NORML: New Jersey Penalties

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