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Governor Signs Ruiz and Moriarty Bill that Regulates the Sale of Intoxicating Hemp Products and Beverages

TRENTON – Governor Murphy signed legislation today sponsored by Senate Majority Leader M. Teresa Ruiz and Senator Paul Moriarty that would regulate the production and sale of intoxicating hemp products and beverages and prohibit the manufacture and sale of synthetic THC in New Jersey.

Due to a loophole in federal and state law, many businesses have been selling intoxicating hemp products and beverages, many of which contain Delta-8 THC. These products are unregulated despite having the same psychoactive effects as cannabis, and they are often sold in corner stores and gas stations.

“Today, New Jersey takes a major step to protect our children. The lack of regulation of intoxicating hemp products and beverages has helped fuel a rise in cannabis-related hospitalizations and poses a threat to the well-being of our communities,” said Senator Ruiz (D-Essex/Hudson). “Public health and safety should always be our top priority. We are grateful to Governor Murphy for taking swift action on this bill to get these products off of store shelves and implement responsible regulations.”

“The signing of bill S-3235 into law is one more step we can take to protect our children and grandchildren from a dangerous and unpredictable substance. The regulation of Delta THC is a long-overdue outcome I have been working toward for several years now, and I am glad to see it finally come to fruition,” said Senator Moriarty (Gloucester/Camden/Atlantic).

From January 2021 to February 2022, the national poison control centers received over 2,300 cases of exposure to Delta-8 THC. Of those 2,300 cases, 40 percent involved unintentional exposure, and 82 percent of those unintentional exposures involved children.

Under the bill, S-3235, intoxicating hemp products would be placed under the regulatory purview of the Cannabis Regulatory Commission (CRC) and regulated in the same manner as cannabis products.

Specifically, sellers of intoxicating hemp products would need to obtain a license from the CRC and comply with the CRC’s rules and regulations concerning licensing, testing, selling, and packaging.

The CRC would consult with the Division of Alcoholic Beverage Control (ABC) to adopt separate rules and regulations regarding the sale of intoxicating hemp beverages by liquor stores. These regulations would include provisions concerning packaging, labeling, product testing, and safety standards, permitted THC amounts, and the number of intoxicating hemp beverages that could be sold to a consumer at any given time.

The sale of intoxicating hemp products and beverages with any detectable amount of THC to a person under 21 years of age is prohibited, effective immediately.

The bill also outlaws the sale or distribution of any product containing synthetic THC, which is a laboratory-made substance that is not derived from the natural cannabis plant.

The CRC must also consult with the Division of Consumer Affairs and the Business Action Center to develop and implement a public education program to inform businesses about the law.