10-15-2024 1:31pm

Intoxicating Hemp Regulation Faces Legal Challenge in New Jersey

State enforcement efforts are delayed following court injunction, with age restrictions still in effect.

TRENTON, NJ – Enforcement of New Jersey’s new regulations on intoxicating hemp products has been put on hold following a federal court order issued on October 10, 2024, just two days before the rules were set to take effect. The injunction was granted in Loki Brands LLC et al. v. Platkin et al., pausing further implementation of key provisions from P.L. 2024, Chapter 73, signed into law by Governor Phil Murphy on September 12, 2024.

The law, which aims to regulate the production and sale of intoxicating hemp products, makes it illegal to sell any product containing tetrahydrocannabinol (THC) to individuals under 21 years of age. This particular provision remains in force despite the injunction, meaning retailers must continue to comply with the age restriction for any hemp product intended for human consumption with detectable THC content.

Court Challenge Delays Full Enforcement

The court order temporarily halts enforcement of other key provisions of the law, which were originally scheduled to go into effect on October 12, 2024. These regulations establish tighter controls over the production, labeling, and distribution of hemp products containing intoxicating levels of THC. The lawsuit, filed by Loki Brands LLC and other plaintiffs, challenges certain aspects of the law, prompting the federal judge to issue a stay while the case proceeds.

State officials are now reviewing the court’s decision, and updates will be provided as the legal process unfolds.

Third Year of Tightened Hemp Oversight

This development adds a layer of complexity to New Jersey's evolving approach to hemp regulation. The new law builds on previous efforts, including the 2019 Hemp Farming Act, which set a baseline for the cultivation and sale of hemp with THC levels of no more than 0.3%. However, the 2024 statute goes further by introducing limits on total THC per serving in products sold within the state.

The Cannabis Regulatory Commission, alongside the Department of Agriculture and the Attorney General’s Office, is expected to oversee future compliance. State officials emphasize that businesses must continue to adhere to age-related sales restrictions while waiting for further legal clarification.

Updates on the case and changes to the regulations will be made available on relevant state websites. Retailers and consumers seeking further details about compliance or enforcement can contact the Cannabis Regulatory Commission or attend public information sessions planned across the state.