New Jersey Governor Signs Bill to Regulate Hemp-Derived Cannabinoids

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On September 12, 2024, New Jersey Governor Philip Murphy signed Senate Bill 3235 (1), which regulates the production and sale of certain intoxicating hemp products. Immediately upon the governor’s signature, the bill prohibits their sale to people under 21 years of age and, within 30 days of the governor’s signature, prohibits the sale of these products from unauthorized sellers. Unauthorized sellers are defined as businesses that are not licensed and overseen by the Cannabis Regulatory Commission.

In particular, the bill addresses products containing forms of tetrahydrocannabinol (THC) such as delta-8-THC and delta-10-THC, which are intoxicating, but could potentially be considered a legal hemp product because of the low content of delta-9-THC.

Also released was a three-page statement (2) from the governor, which outlines the new challenges created by two late amendments to the bill, namely, the need for regulations for businesses with licenses for selling and distributing alcohol to sell intoxicating hemp beverages, and the changes to the definition of “intoxicating hemp product,” to add the phrase “in this State” after “any product cultivated, derived, or manufactured.” Despite the challenges presented, the statement explains, current state of the hemp product market necessitated immediate action.

“Over the past two and a half months, I and my team have heard from a number of stakeholders with differing views on this issue, as well as a number of legislators who supported the legislation,” the final paragraph of the statement reads. “These discussions have convinced me that it is very unlikely that revisions to the bill would have the broad support necessary to move through the Legislature quickly. Unlike many issues, the status quo poses an immediate risk to health and safety, as these unregulated intoxicating hemp products are widely available to minors. Because the bill would address this present danger, I have concluded that the wiser course is to sign the bill now and commit to working with the Legislature to address the technical issues and other challenges in separate legislation.”

The bill was sponsored by Senator M. Teresa Ruiz, and Senator Paul D. Moriarty (1).

“Today, New Jersey takes a major step to protect our children,” stated Senator Ruiz in a statement. “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. Public health and safety should always be our top priority.”

Senator Moriarty also stated, “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.”

References

1. SENATE, No. 3235, STATE OF NEW JERSEY 221st LEGISLATURE, INTRODUCED MAY 13, 2024 https://pub.njleg.state.nj.us/Bills/2024/S3500/3235_I1.PDF
2. Murphy, P., GOVERNOR’S STATEMENT UPON SIGNING SENATE BILL NO. 3235 (Third Reprint) https://d31hzlhk6di2h5.cloudfront.net/20240912/96/e2/69/f9/18edc6793c7d416978c5c31c/S3235.pdf (accessed Sept. 13, 2024).