New Jersey Proposes New Cannabis Regulations

November 14, 2023

Types : Alerts

The New Jersey Cannabis Regulatory Commission (“CRC”) released proposed regulations allowing additional ingestible forms of cannabis to be sold in both medical and recreational dispensaries. The current regulations under the New Jersey Statutes Annotated (“NJSA”) § 24:6I-33 allow cannabis in the following ingestible forms: syrups, oils, tablets, pills, capsules, chewables, and drops. The new regulations would allow additional ingestible forms of cannabis, including beverages, baked goods, candies, gummies, butters, jams, jellies, and chocolates. Along with the proposed regulations, the CRC issued a temporary waiver of the New Jersey Administrative Code (“NJAC”) § 17:30A-10.7(e), which sets limits on the products that Alternative Treatment Centers could produce and dispense.

The regulations, which the CRC set forth on September 8, 2023, are in the midst of a 60-day public comment period, starting on October 16 until December 15, 2023. The CRC reasoned that expanding the allowed forms of ingestible cannabis would “benefit the patient population by providing different forms of medical cannabis” and that allowing additional recreational ingestible forms of cannabis would not endanger public health, safety, or welfare.

The CRC provided a comprehensive set of terms and conditions for protecting consumer safety with regard to the new ingestible forms of cannabis, including but not limited to restrictions on the amount of tetrahydrocannabis (“THC”) permitted in the products, packaging, labeling, and expiration date requirements, and requiring manufacturers to complete food and safety trainings. The new forms of ingestible cannabis are prohibited from containing alcohol, nicotine, and controlled substances as defined in NJSA § 24L2I-2. The products cannot require that the consumer bake, cook, or specially store them.

If you are a cannabis business owner and have questions about these regulations, please contact Alexandra S. Jacobs or Hannah E. Travaglini in the Montgomery McCracken Cannabis group for more information.



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