What’s Legal and What’s Not When It Comes to CBD and THC Possession in NJ
THC and CBD are in the spotlight right now, both nationally and in New Jersey. CBD-infused products, from gummies to oils to vape products, are advertised across the state. However, many people do not fully understand the legality surrounding CBD, THC, and other marijuana-related substances in New Jersey, leading to many arrests and criminal charges for drugs against residents and visitors alike. It is vital to know the differences between THC (the currently illegal psychoactive component of marijuana) and CBD (the legal, hemp-derived product that has been touted recently for its health effects) and why one is legal, while the other is strictly against the law in New Jersey. Here, we explain the key distinctions between THC and CBD when it comes to NJ laws and discuss the common charges you can face for possessing marijuana or THC in New Jersey. The consequences associated with a conviction for a THC related crime are severe. If you have already been arrested for marijuana possession, possessing THC in a vape, or drug paraphernalia, contact our experienced Hudson County drug defense lawyers to discuss your case and your defense. You can call (201) 793-8018 anytime to speak with an attorney who can help in a free consultation, so don’t hesitate to contact our firm today.
New Jersey Laws on THC Vs. CBD
Although marijuana typically contains both CBD and THC, they are distinct chemical substances. THC is the main psychoactive component of marijuana, the chemical component of marijuana that “gets you high.” CBD, on the other hand, does not get you high. Instead, it works on other aspects of your body and brain, arguably reducing anxiety and possibly alleviating the symptoms of certain diseases according to some. New Jersey law recognizes the distinction between these two chemical compounds, outlawing THC while allowing people to possess and use CBD.
Is CBD Legal in New Jersey?
CBD is currently legal in New Jersey. Governor Phil Murphy signed a law in August of 2019, stating among other things that “hemp-derived cannabidiol [or CBD] may be added as an ingredient to cosmetics, personal care products, or products intended for human or animal consumption.” This means that manufacturers can legally infuse a wide-variety of items, from face creams to food, with CBD in New Jersey. All CBD products are also subject to certain regulations and legal restrictions related to the manufacturing process, etc.
Is THC Illegal in NJ?
It is currently illegal to possess or use THC in New Jersey. Since THC can cause a high, it is considered a controlled dangerous substance (CDS). Unfortunately, given the similarities between THC and CBD and the fact that both are derived from similar plants, items labeled as containing CBD can sometimes contain THC and vice-versa. You are depending on the manufacturer to label its products accurately. If a manufacturer is actually selling THC in a CBD product or if you simply don’t know the law in New Jersey, you can face serious legal consequences for THC or marijuana possession.
THC Possession & Marijuana Charges in NJ
New Jersey’s controlled dangerous substances law (N.J.S.A. 2C:35-10) prohibits the possession of marijuana, including its derivations like THC. If you are caught with THC you can be charged with a disorderly persons offense for possession of less than 50 grams of marijuana, which is basically a misdemeanor in other states. If you are charged with possessing over 50 grams of marijuana involving THC, you can be charged with a felony-level fourth degree crime (also known as an indictable offense). For disorderly persons offenses, you may be subject to up to 6 months in the county jail, while fourth degree marijuana possession charges are punishable by a maximum of 18 months in state prison.
You can also be convicted of a crime for possessing THC (or a “synthetic cannabinoid”) in a vape pen or in a similar form. Possession of THC in a vape is a fourth degree indictable offense if you possess less than an ounce of the solution or THC product. In addition, you can face a third degree indictable offense if you possess over an ounce of THC. Fourth degree charges for THC entail up to 18 months of imprisonment, while third degree crimes involving THC are punishable by 3 to 5 years of incarceration. All of these represent serious repercussions for those convicted of crimes involving THC or marijuana in New Jersey.
Arrested for THC in Jersey City, Need Defense
With the consequences of a conviction for THC or marijuana looming large, you should consult an attorney about what your options are if you are charged with any marijuana or THC-related offense in New Jersey. Our firm is prepared to defend you against any criminal charge involving THC, marijuana, or e-cigarettes in Jersey City, Hoboken, Bayonne, Union City, Kearny, and other municipalities in Hudson County, NJ. Please contact us at (201) 793-8018 now for a free consultation to learn more.
