Is Delta-8 THC Legal in New Jersey?

By | Updated on October 5, 2023

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New Jersey’s hemp laws specifically allow for hemp-derived products and exclude them from the state’s controlled substances. Here’s a closer look at delta 8 legality in the Garden State.


Delta-8 THC is legal in New Jersey; the state explicitly says that hemp products are not considered a controlled substance in the state.

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New Jersey Delta-8 THC Laws

New Jersey legalized hemp and hemp products in 2019 with the New Jersey Hemp Farming Act. The Act defines hemp products as:

“Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent 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.

New Jersey Hemp Farming Act

This definition excludes hemp-derived products from the state’s list of controlled substances. Since delta-8 THC counts as a hemp-derived product, it’s legal in New Jersey.

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol (delta-8-THC) is a less common form of THC. Most people are only familiar with delta-9 THC, the most abundant intoxicating cannabinoid in marijuana. 

Delta-8 can get you high and produce other effects similar to delta-9 THC, but it’s significantly weaker (1). 

Delta 8 is only found in small quantities in cannabis. It’s typically manufactured chemically from the hemp-derived cannabinoid CBD.

Why Delta-8 THC is Federally Legal

Delta-8 is legal across the nation thanks to the 2018 Farm Bill. The bill made hemp federally legal as long as it contains no more than 0.3% delta-9 THC.

By that definition, delta 8 made from hemp is also legal. This loophole was never intended by legislators because they didn’t know that it’s possible to manufacture delta-8 THC from hemp-derived CBD with a simple chemical process.

States Where Delta-8 THC is Illegal

Every state has the right to make its own laws and regulations for delta 8.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in New Jersey

Delta-8 THC is legal in New Jersey. 

But that could change. The state legalized recreational cannabis in 2021, which means legislators may become concerned with the availability of unregulated, intoxicating delta 8 products.

That means they may decide to add delta 8 to the definition of marijuana to regulate it in the same way. But we’ll have to wait and see what happens.

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