New Jersey: Market and legal data analysis of the cannabis sector

11th October 2024: US - New Jersey: A New Jersey Federal District Court entered an order largely granting a request to invalidate New Jersey’s recent amendments to its hemp laws, which banned sales of the hemp products to minors and also put restrictions on how intoxicating hemp products were defined and could be sold throughout the state, including in liquor stores. While the court upheld the part of the law banning the sale of intoxicating hemp products to minors, it found that the other provisions violated federal laws. Specifically, the amendments criminalised intoxicating hemp products made outside New Jersey while allowing in-state products to be sold under new regulations controlled by the New Jersey Cannabis Regulatory Commission. The court found that the amendments violated both the “Dormant Commerce Clause” under the US Constitution and a provision of the Federal Farm Act that prohibits states from preventing the shipment of hemp products through any state.
16th September 2024: New Jersey: Senate Bill (SB) 3235 has been signed into law by governor Phil Murphy. SB 3235 requires a licence from the Cannabis Regulatory Commission or certain liquor licences to sell intoxicating hemp products and would ban cannabis products “not derived from naturally occurring biologically active chemical constituents”. The new law defines intoxicating hemp products as any hemp product with a total THC concentration greater than 0.5 mg per serving or 2.5 mg per package and prohibits their sale to anyone under the age of 21.
1st July 2024: US - New Jersey: Senate Bill (SB) 3235 has been passed by the legislature and now heads to the governor for final approval. SB 3235 would require a licence from the Cannabis Regulatory Commission or certain liquor licences to sell intoxicating hemp products and would ban cannabis products “not derived from naturally occurring biologically active chemical constituents”. The bill defines intoxicating hemp products as any hemp product with a total THC concentration greater than 0.5 mg per serving or 2.5 mg per package.
19th January 2024: US - New Jersey: The New Jersey Cannabis Regulatory Commission (CRC) has voted to approve rules regulating cannabis consumption areas, press reports. As discussed in a recent CannIntelligence regulatory report, under the adopted rules, consumption endorsements for licensed dispensaries must be approved by the local government and by the CRC. Sales of tobacco or alcohol are forbidden. Food may not be sold, but consumers may bring their own food or have food delivered. The rules are expected to be published in the state register and take effect within the next month.
3rd July 2023: US - New Jersey: Assembly Bill A5440 has been passed by the Assembly and now heads to the Senate. It clarifies the illegal status of modified and synthetic forms of THC, specifically delta-8 THC. It would define delta-8 THC as a regulated form of THC and proposes a maximum concentration limit of 0.3% in hemp and hemp products. The bill aims to make delta-8 THC illegal unless produced in compliance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.
13th June 2023: US - New Jersey: The New Jersey Cannabis Regulatory Commission (CRC) has revoked Harmony Foundation’s cannabis cultivation and manufacturing licences due to unpaid licence fees. Across the country, state regulators and government bodies have been implementing significant measures and repercussions against cannabis companies that fail to pay vendors, taxes or business fees. California, Michigan, Nevada, New York and Oregon are some of the states that have been enforcing compliance by tracking miscreants, press reports.
9th May 2023: US - New Jersey: Assembly Bill A3946 has been signed by governor Phil Murphy and enacted into law. It allows cannabis businesses to deduct business expenses from their state tax returns. Such deductions remain prohibited for federal tax purposes under section 280E of the federal tax code, but the new law provides some state tax relief to state-legal cannabis businesses.
18th April 2023: US - New Jersey: The board of the New Jersey Cannabis Regulatory Commission (CRC) has changed its position on the renewal of Curaleaf’s adult-use cannabis licences, fully approving their renewal, media reports. The approval is subject to the company’s ongoing compliance with state law and its providing additional information to the board on its labour practices.
17th April 2023: US - New Jersey: The New Jersey Cannabis Regulatory Commission’s (CRC) board has denied the renewal of Curaleaf’s cultivation and retail licences for adult-use cannabis. This comes after the company announced a staff reduction, and its provided CRC certifications had raised concerns in the commission. Considering Curaleaf’s previous clashes with unionisation movements and its purported lack of transparency with the CRC, the commission voted not to renew the company’s licences. Curaleaf has issued a statement calling the CRC decision arbitrary and saying that all legal efforts to renew its licences will be made.
28th February 2023: US - New Jersey: Assembly Bill A3946 is headed for the governor’s desk after being passed by the Senate. It would allow cannabis businesses to deduct business expenses from their state tax returns. Such deductions would remain prohibited for federal tax purposes under section 280E of the federal tax code, but the bill would provide some state tax relief to state-legal cannabis businesses.
10th February 2023: US - New Jersey: The New Jersey Cannabis Regulatory Commission approved amendments to its cannabis regulations that will allow a cap on cultivation licences to expire on 22nd February 2023. Additionally, adopted amendments will eliminate a ban on vertically integrated cannabis businesses by allowing licence holders to simultaneously hold licences for cultivation, manufacturing, retail, and delivery.
20th January 2023: US - New Jersey: The New Jersey Cannabis Regulatory Commission has released updated regulations for cannabis consumption areas. The updated rules are under a public comment period until 18th March.

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