The legal landscape of cannabis in New Jersey is hazy, at best. The state is home to over 100 licensed dispensaries where adults over the age of 21 can legally purchase intoxicating THC products made from marijuana. At the same time, consumers can easily purchase intoxicating THC products made from hemp at gas stations, convenience stores, smoke shops, and unlicensed “dispensaries” and CBD kiosks. Most consumers are not able to tell the difference, but New Jersey legislatures are introducing legislation to put a stop to the manufacturing and sale of intoxicating hemp products, which pose an economic threat to licensed marijuana producers and retailers.

With the introduction of Senate Bill S3235, New Jersey joins a growing number of states passing regulations to curb the unlicensed manufacture and sale of synthetic, hemp-derived THC products such as flowers, edibles, beverages and vapes. Using a chemical process to convert federally legal hemp CBD into synthetic THC compounds like delta-8 and delta-9, opportunistic manufacturers have flooded liquor stores, vape shops and gas stations with products that could typically only be purchased through licensed retail dispensaries. These over-the-counter options divert consumers from licensed, highly-regulated producers who invested substantial resources into obtaining a cannabis license.