The passing of the federal Farm Bill of 2018 made hemp a legal agricultural commodity across the entire country. This means that individuals within the United States should be able to buy, sell, possess, and use the herb as long as it meets the requirements set forth by the government.
But while the hemp industry is booming, there are local governments that impose their own rules and regulations to control the sale and use of the herb. In New Jersey, strict laws against marijuana somehow interfere with the hemp market which may affect the way you can use the commodity.
The Agriculture Improvement Act of 2018, or simply called the Farm Bill of 2018, set the stage for the hemp industry, making the plant legal across the country. Previously, hemp was lumped together with its psychoactive brother, marijuana. Across most of the country, marijuana remains illegal because of its high THC content.
THC – or tetrahydrocannabinol – is the main psychoactive compound found in marijuana. It’s basically the stuff that gets you feeling ‘high.’ And because marijuana and hemp come from the same cannabis plant, lawmakers used to think that they were one and the same.
But differences in the way that these two herbs are cultivated change their chemistry. While they come from the same plant, slight tweaks in the cultivation process makes it possible for hemp to express far lower THC levels. And according to the Farm Bill of 2018, hemp should contain no more than 0.3% THC to be considered legal.
So, given that you’re smoking legal hemp based on its description in the law, then you should be in the clear. But the fact that hemp and marijuana are impossible to differentiate based on appearance and odor, law enforcement is having trouble telling the two apart.
Marijuana remains criminalized in the state of New Jersey, but apprehending offenders based on possession alone is no longer viable considering the close resemblance of the two herbs.
That said, even if you’re certain of the chemistry of your hemp plant, it might be best to keep your smokeable hemp usage restricted to your private space to prevent confusion and reduce the risk of running in with law enforcement.
All throughout the country, there’s widespread availability of hemp-infused food and drink products. But are they legal? Well, according to the FDA, they aren’t. Based on regulations released by the FDA, hemp extract isn’t considered a food additive, and thus can’t be included in food and drink products.
However, despite being illegal, hemp-infused edibles are available almost everywhere. And that sheds light on the kind of future that users can expect as hemp edibles slowly become accepted and legalized throughout the country. Today, despite being technically illegal, edibles can be purchased online and in physical stores without having to worry about penalties.
Only individuals in possession of a license to grow hemp can legally cultivate the plant within the state’s borders. That means that any hemp grown without a license will be automatically considered marijuana. And because marijuana has yet to be decriminalized in the state, there could be some hefty fees and mandatory prison sentences of at least three years in jail.
That said, there are lots of sources for affordable hemp flower in New Jersey, so it might not be necessary to cultivate your own. The shipment of hemp products between borders is also legal, letting you purchase hemp from vendors in other states if you find that their herb is better suited to your preferences.
It’s almost impossible to talk about hemp laws without also talking about marijuana laws, since the two herbs are so closely related. And although the state of New Jersey has yet to decriminalize marijuana, there’s substantial freedom for those who want to enjoy the hemp in whatever form they might prefer.
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