Enforcement of New Jersey's Intoxicating Hemp Law Delayed Amidst Legal Battle

NEW JERSEY - New Jersey’s effort to enforce stricter regulations on intoxicating hemp products remains on hold as a federal court order continues to delay implementation. On October 10, 2024, just two days before the regulations were to take effect, the court issued an injunction in Loki Brands LLC et al. v. Platkin et al., halting key provisions of P.L. 2024, Chapter 73, signed into law by Governor Phil Murphy on September 12, 2024.

The law introduces significant restrictions on the sale, labeling, and production of hemp products containing tetrahydrocannabinol (THC). However, following the court’s injunction, the New Jersey Cannabis Regulatory Commission clarified that certain aspects of the law remain enforceable, specifically the prohibition of THC sales to individuals under 21 and restrictions on synthetic or non-naturally derived cannabinoids.

Background: Delayed Enforcement of New Regulations

In an October 15 article, Morristown Minute reported that P.L. 2024, Chapter 73 was intended to regulate intoxicating hemp products in New Jersey by controlling THC content in products and prohibiting sales to minors. However, the law faced immediate legal challenges from Loki Brands LLC and other plaintiffs, resulting in an October 10 injunction by a federal judge, which prevented the state from enforcing all provisions except age restrictions.

Originally set to be implemented on October 12, the new law was positioned as a further measure to tighten state hemp regulations beyond the 2019 Hemp Farming Act. The Act established a baseline THC limit of 0.3% in hemp products; the 2024 law builds upon this by establishing total THC limits per serving and other regulations aimed at curbing access to potent hemp-derived products.

Update: Additional Provisions Enforced Amid Legal Review

The New Jersey Cannabis Regulatory Commission issued an update on November 8, confirming that while the court’s order blocks many of the new law’s provisions, specific restrictions still apply. In addition to age restrictions, retailers must now also comply with rules limiting hemp and cannabis sales to products derived from "naturally occurring biologically active chemical constituents."

According to the Commission’s latest statement, the prohibition on synthetic THC or artificially derived cannabinoids is currently enforceable, meaning that only hemp-derived products containing natural THC compounds are legally allowed for sale or distribution. Any product containing THC derived through non-natural processes or created synthetically is prohibited under the law and subject to immediate enforcement.

What’s Next for the Regulatory Framework

As the court proceedings in Loki Brands LLC et al. v. Platkin et al. move forward, state agencies, including the Cannabis Regulatory Commission, will continue monitoring and enforcing the provisions still allowed under the injunction. Retailers, especially those selling intoxicating hemp products, are advised to remain compliant with existing regulations concerning age restrictions and naturally derived cannabinoid sales, as violations may incur penalties under New Jersey law.

Further updates on the case and potential changes in enforcement will be posted by the Cannabis Regulatory Commission as new developments emerge. Retailers and consumers looking for guidance on compliance or regulatory details can consult the Commission’s website or attend scheduled public information sessions.

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