Cannabis is such a conundrum in this country. There are those who are for the legalization of both medical and recreational cannabis. Then there are those opposed to almost every aspect of cananbis. This is despite scientific evidence showing the many positives associated with the plant. Most notably, different phytocannabinoids can be found in the plant itself which create different effects in people.
The main cannabinoid is Delta 9, which is the cannabinoid that is most abundant within the plant. It also causes the sense of euphoria consumers aim for when they take cannabis. Then there are other cannabinoids, like CBD, that don’t cause any psychoactive effects. But they are still beneficial to the body in different ways, from inflammation to antidepressant.
A cannabinoid that recently became available to the general public is causing quite the stir on it’s positive effects on the body as well as its legality. And it’s called Delta 8. Let’s take a look at Delta 8 on the federal level along with New Jersey.
Delta 8
This relatively new cannabinoid is closely related to Delta 9. That is the psychoactive cannabinoid most known for its euphoric effects in the body. Delta 8 is structurally similar to Delta 9 on the molecular level. The biggest difference between the two cannabinoids comes down to a double bond on the carbon chain. Delta 8 has a double bond on the 8th carbon chain. Compared to Delta 9, which has a double bond on the 9th carbon chain.
This difference makes Delta 8 more controllable and less potent than Delta 9 without some of the negative side effects. Those can include a cloudy head and increased paranoia and anxiety. So, if Delta 8 is similar to Delta 9, how is Delta 8 legal but Delta 9 isn’t?
Federal
In 2018, the Farm Bill was passed by the USDA. Inside this bill, cannabis and hemp were defined separately. They haven’t been defined separately since the Controlled Substances Act created by the DEA in the 1970s. One definition is incredibly important for defining the hemp industry and it states:
“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
This definition states that as long as a final product contains less than 0.3 percent of Delta 9, then it is legal to produce, sell, and consume on the federal level across the United States. This is a huge win for the hemp industry. It has now exponentially grown into a multimillion industry and looks to continue to grow over the next five years.
Because of the structural differences, Delta 8 products naturally contain less than 0.3 percent of Delta 9 in them. It falls under the definition set by the Farm Bill, making Delta 8 legal over Delta 9. But just because something is considered legal on the federal level doesn’t mean it’s legal in every state. States create their own laws surrounding various topics, such as hemp and cannabis. It’s how some states have legalized medical cannabis use but others haven’t. What are the Delta 8 and hemp laws in New Jersey?
New Jersey State Law
Like many other states, New Jersey has adopted the definition of hemp from the Farm Bill. It means Delta 8 and hemp are legal in the state. Not only that, but New Jersey state law further supports other cannabinoid usage within its law. New Jersey Law states:
“‘Hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.”
So, not only is hemp legal within the state, but it is an agricultural commodity. It’s a necessity to the state and to the community to keep up and running. Delta 8 is part of that essential need within the state. So Delta 8 is also legal in New Jersey. However, research before purchasing and consuming Delta 8. Laws are always subject to change.
Make sure to check back for more cannabis and hemp related news.