New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5440

Introduced
5/11/23  
Refer
5/11/23  
Report Pass
6/5/23  

Caption

Prohibits production and sale of products containing delta-8 tetrahydrocannabinol.

Impact

The enactment of A5440 is set to considerably clarify the legal landscape surrounding THC isomers in New Jersey. This bill amends previous laws related to cannabis and hemp, explicitly classifying modified or synthesized THC isomers, particularly delta-8, under the state's controlled dangerous substance schedules. This explicit designation aims to ensure that delta-8 THC cannot be produced or sold unless it is in accordance with the regulations established by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. The new measure is intended to protect consumers from potentially harmful products that may arise from unregulated production practices.

Summary

Assembly Bill A5440 aims to prohibit the production and sale of products containing delta-8 tetrahydrocannabinol (THC) in New Jersey. Delta-8 THC, a psychoactive compound found in cannabis, has gained popularity due to its resemblance to delta-9 THC, the primary intoxicant in cannabis. The bill is a response to concerns that manufacturers have been exploiting regulatory loopholes in state and federal hemp laws, which has led to an increase in delta-8 THC products in the marketplace. Under A5440, any product with a concentration exceeding 0.3% delta-8 THC would be classified as illegal, aligning it more closely with state-controlled substance regulations.

Contention

While the bill garnered unanimous support in a recent Assembly vote, it does bring to light ongoing discussions about the balance between regulation and access within the cannabis industry. Proponents argue that regulating delta-8 THC is crucial for maintaining consumer safety and integrity in the marketplace. However, some stakeholders have raised concerns that overly stringent regulations might hinder the growth of the hemp market, limiting consumer choices and stifling innovations in cannabinoid products. The tension between ensuring safety and fostering economic development within the cannabis industry remains a point of discussion as New Jersey continues to navigate its evolving cannabis laws.

Companion Bills

NJ S3944

Same As Prohibits production and sale of products containing delta-8 tetrahydrocannabinol.

Similar Bills

CA AB228

Food, beverage, and cosmetic adulterants: industrial hemp products.

CA AB420

Cannabis: industrial hemp.

NJ S3944

Prohibits production and sale of products containing delta-8 tetrahydrocannabinol.

SD HB1125

Prohibit the chemical modification or conversion of industrial hemp and the sale or distribution of chemically modified or converted industrial hemp and to provide a penalty therefor.

TN HB1376

AN ACT to amend Tennessee Code Annotated, Title 39; Title 40; Title 43, Chapter 27; Title 53, Chapter 11; Title 57 and Title 67, relative to the regulation of hemp-derived cannabinoid products.

TN SB1413

AN ACT to amend Tennessee Code Annotated, Title 39; Title 40; Title 43, Chapter 27; Title 53, Chapter 11; Title 57 and Title 67, relative to the regulation of hemp-derived cannabinoid products.

CO SB205

Intoxicating Hemp And Tetrahydrocannabinol Products