Senator   M. TERESA RUIZ
District 29 (Essex)
Senator   DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Senators Stanfield and Lagana
Prohibits production and sale of products containing delta-8 tetrahydrocannabinol.
CURRENT VERSION OF TEXT
An Act concerning cannabis and amending P.L.2019, c.238 and P.L.1970, c.226.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1.       Section 3 of P.L.2019, c.238 (C.4:28-8) is amended to read as follows:
3.       As used in sections 1 through 9 of P.L.2019,  c.238  (C.4:28-6  et  al.), unless the context otherwise requires:
"Agent" means an employee or contractor of a hemp producer.
"Applicant" means a person, or for a business entity, any person authorized to act on behalf of the business entity, who applies to the department to be a hemp producer in the State.
"Commercial sale" means the sale of a product in the stream of commerce at retail, at wholesale, or on the Internet.
"Cultivate" means to plant, water, grow, or harvest a plant or crop.
"Department" means the New Jersey Department of Agriculture.
"Federally defined THC level for hemp" means a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product.
"Handle" means to possess or store a hemp plant on premises owned, operated, or controlled by a hemp producer for any period of time or in a vehicle for any period of time other than during the actual transport of the plant between premises owned, operated, or controlled by hemp producers or persons or entities authorized to produce hemp pursuant to 7 U.S.C. s.1639o et seq. and any state law or rule or regulation adopted pursuant thereto.   "Handle" does not mean possession or storage of finished hemp products.
"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis and with a delta-8 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.   Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.
"Hemp producer" means a person or business entity authorized by the department to cultivate, handle, or process hemp in the State.
"Hemp product" means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent and a delta-8 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale.   The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as cannabidiol.   Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids.
"Process" means to convert hemp into a marketable form.
"Secretary" means the Secretary of the New Jersey Department of Agriculture.
"Transport" means the movement or shipment of hemp by a hemp producer, a person or entity authorized to produce hemp pursuant to 7 U.S.C. s.1639o et seq. and any state law or rule or regulation adopted pursuant thereto, or a hemp producer's or authorized entity's third-party carrier or agent.   "Transport" shall not mean the movement or shipment of hemp products.
(cf: P.L.2019, c.238, s.3)
2.       Section 5 of P.L.1970, s.226 (C.24:21-5) is amended to read as follows:
5. a. Tests. The director shall place a substance in Schedule I if he finds that the substance:   (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.
b.       The controlled dangerous substances listed in this section are included in Schedule I, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any other schedule.
c.         Any of the following opiates, including their isomers, esters, and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
(19)   Dioxaphetyl butyrate