How Long Will Delta-8 THC Remain Legal in New Jersey?

Delta 8 New Jersey Laws

Delta 8 THC is a close relative of delta 9 THC sold online and in stores in New Jersey while its legality is being debated.

Where does delta 8 fit in New Jersey’s cannabis regulations? Can you legally buy it in the Garden State? Let’s look at the state’s delta 8 laws.

Last Update: August 23, 2023


  • Delta 8 THC is legal in New Jersey but remains unregulated. The state doesn’t explicitly ban the sale, distribution, and possession of this substance but is looking to establish regulations.
  • Retailers can, for now, sell delta 8 THC as any hemp product without a special license.
  • Legislators have introduced a new bill, A5440, in May 2023 to ban the sale of delta 8 THC products as hemp.
  • Mr. Hemp Flower offers a range of delta 8 THC products, including gummies, pre-rolls, flower, and edibles for the New Jersey Market. Wholesale is available here.

Is Delta 8 THC Legal in New Jersey? 

Yes, hemp-derived delta 8 THC is legal in New Jersey but remains unregulated.

New Jersey legalized hemp and any part of the plant under its Hemp Farming Act. In the Garden State, hemp-derived cannabinoids are agricultural commodities excluded from the state list of controlled substances.

In New Jersey, “hemp product” means a finished product derived from or made by processing a hemp plant or plant part that contains less than 0.3% THC and is prepared in a form available for commercial sale. This definition includes food intended for human or animal consumption, among other things.  

Hemp-derived delta 8 THC in New Jersey falls under the hemp regulations and is not considered a controlled substance.

Due to several incidents, New Jersey is looking to regulate delta 8 THC products. State lawmakers introduced A5440 in May 2023 to ban the sale of delta 8 THC as hemp.

If passed, delta 8 products in New Jersey will have to contain no more than 0.3% THC (including delta 8). Most importantly, it will include artificially derived delta 8 THC (converted from CBD) in the state’s controlled substances list.

New Jersey legalized recreational marijuana. The state decriminalized possession of six ounces or less of marijuana for people ages 21 and up. 

Where to Buy Delta 8 THC in New Jersey?

You can find a wide range of delta 8 THC products in New Jersey local CBD shops and cannabis dispensaries.

Make sure to go for licensed shops that use quality hemp to create their D8 products and offer a Certificate of Analysis. Needless to say, avoid buying D8 at gas stations and convenience stores. 

Can I Buy Delta 8 Products Online in New Jersey?

Buying delta 8 THC online is a safe and convenient way to get some of the best products on the market at the best prices.

Mr. Hemp Flower makes it a breeze for you to scan our delta 8 products for quality because we include a list of ingredients each product contains. On top of that, you will find a Certificate of Analysis on each product page. 

Getting this cannabinoid from online retails comes with a few perks. First, you’d be surprised at the extensive selection of top-shelf delta 8 products, at least compared to what you can find in brick-and-mortar stores.

Second, online retailers offer their delta 8 products at lower prices (and in bundles!) because they don’t deal with the costs that come from running a physical store.  

What is Delta 8 THC? 

Also known as the cannabinoid that offers the perfect balance between THC and CBD, delta 8 is the most appealing hemp product found in stores. Compared to CBD’s concentration in hemp, D8 takes only a tiny percentage (less than 0.1%) of the total amount of cannabinoids naturally present in the plant. 

Delta 8 is an analog of delta 9 THC, and the two tetrahydrocannabinols have a similar chemical structure with minor but notable differences. Due to these differences, D8 exhibits milder psychotropic potency. This means that D8 will get the user high but in a different way. Our customers describe its effects as a mellow, “clear-headed” intoxication that doesn’t leave you anxious or paranoid.   

Delta 8 THC and Federal Law 

The legal status of Delta-8 under federal law remains murky. 

Under the 2018 Farm Bill, hemp and all its derivatives, cannabinoids, and isomers are considered legal. This makes hemp-derived D8 that’s naturally present in the plant legal on a federal level. 

Because this cannabinoid occurs in the hemp plant in such low levels, it takes a substantial amount of plant material to extract it naturally. So, manufacturers have found a different way of producing D8, which is to convert hemp-derived CBD into this mildly intoxicating compound. 

And this is where the issue about D8’s legality comes into question because D8 is considered synthetically derived when produced this way. How legal is D8 converted from CBD? 

The Drug Enforcement Agency issued an Interim Rule, which reaffirmed the ban on production and sale of synthetically derived tetrahydrocannabinols per the Federal Analogue Act (FAA) of 1986.

The source of confusion here is whether D8 made from hemp-derived CBD falls in the same basket as Spice and K2 which are lab-made without the use of any cannabis plant material. As we all know, D8 is converted from legal, hemp-derived CBD, so we can only hope for states to regulate it as a natural cannabinoid. 

There’s also the pending approval of hemp-derived CBD products from the FDA. Like CBD, D8 hasn’t been granted the “generally recognized as safe” or GRAS status.

CBD retailers sell their products without making medical claims or labeling them as dietary supplements, foods, or drinks. Despite federal laws being murky, many states have passed laws and regulations that allow the sale and possession of hemp-derived CBD. 

Bottom Line

New Jersey hasn’t explicitly banned the sale and possession of delta 8 THC. As a result, residents of the Garden State can buy a wide range of D8 products both in-person and online safely and discreetly. 

Delta 8 New Jersey Laws

Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 Gummies

All Delta 9 Products


Yes, D8 is still legal to buy in New Jersey. The Garden State hasn’t banned the use and possession of D8 THC.

You can buy both in local dispensaries or order online. Buying your D8 online is way more convenient than going to a brick-and-mortar store.

Absolutely! Residents of New Jersey can order a wide range of D8 products online legally.

No, 14 states have banned the cannabinoid, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Kentucky, Rhode Island, Utah, Vermont, and Washington.

As a compound, Delta-8 THC is considered safe, but it’s important to double-check the manufacturer and origin of the hemp used to make the products.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

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