Intoxicating hemp products will stay on store shelves in New Jersey, at least temporarily, after hemp product companies won a temporary reprieve from new regulations this week.
A court order issued Thursday in a case between six hemp product manufacturers and the New Jersey Attorney General means hemp products like cannabis flower, hemp gummies and THC-containing seltzers can remain on store shelves in New Jersey, despite a new law signed by Gov. Phil Murphy last month.
The new law makes selling intoxicating hemp products to anyone under 21 illegal, but also adds oversight and regulations to these items that have, thus far, escaped the purview of the New Jersey Cannabis Regulatory Commission.
Murphy’s new law required such products to be pulled from the shelves until the Cannabis Regulatory Commission established regulations.
But Thursday’s court order means those the products will remain available for sale, at least to adults, for the time being.
“The State is unable to begin enforcement of these provisions at this time,” the Cannabis Regulatory Commission said Saturday on its website. “However, the provisions prohibiting sale to those under 21 remain in effect.”
A commission spokeswoman declined to comment when asked about the effect of the ruling on Friday.
After Murphy signed the new law, the hemp companies filed a lawsuit and argued the rule “recriminalizes” possession, manufacture and transportation of hemp products that are otherwise legal under federal law. Sicklerville THC seltzer manufacturer LOKI Brands, Springfield retailer Legal Leaf, and Massachusetts-based hemp beverage manufacturer Cantrip are among the plaintiffs.
A 2018 federal law legalized hemp and defined it as a cannabis byproduct with less than 0.3% delta-9 THC, the most common psychoactive component in marijuana. As a result, some hemp products manufacturers created items containing the psychoactive cannabinoid delta-8 and THC-containing seltzers.
“These products are sold outside of the regulated market for cannabis even though they can have similar effects, may contain harmful chemicals and other contaminants, and often are sold without appropriate testing and labeling,” Murphy said in a statement accompanying his signature. “Too frequently, these products are readily available to minors. The status quo is untenable and this bill will put an end to it.”
The commission has six months to draw up rules and regulations before issuing licenses for retailers to sell intoxicating hemp products. The law includes special considerations for liquor stores that sell THC seltzers, which now make up about 10% to 15% of New Jersey’s liquor industry, according to the state Beer Wholesalers Association.
“The court’s decision is being reviewed,” the Cannabis Regulatory Commission said Saturday. “Any further developments will be posted as they become available.”
H/T: www.app.com
