Murphy signs controversial bill clamping down on Delta 8 and other hemp products

Gov. Phil Murphy on Thursday signed a contentious hemp law that had drawn applause from supporters who say it will crack down on dangerous unsanctioned products sold at gas stations and other places in New Jersey and has drawn scorn from those who say the measure is so restrictive it could also put legal hemp businesses out of business.

The law will essentially make it illegal to sell intoxicating hemp products in the state without a cannabis license and will put the products under the purview of the state’s Cannabis Regulatory Commission. Currently, the products are not regulated and, critics say, are too easily available to minors.

In signing the bill (S3235), Murphy said what the measure aims to accomplish outweighs the parts of the legislation that have been criticized. One of the flaws of the bill, the governor said, is that it allows places with alcohol stores to sell beverages that contain hemp without the same standards as cannabis stores. It will also put added responsibility on the cannabis commission to enforce additional regulation without additional money, he noted.

In the same way that Golden Retrievers and Labradors are both dogs, Hemp and cannabis are different plants, but the same species. Hemp products come from a plant that with a lower element of THC and is federally legal. Cannabis, a plant with higher amounts of THC is still federally banned.

The big selling point for hemp was that, unlike weed, it won’t get you high. But a loophole in the existing law actually had allowed intoxicating hemp products to be sold without a license.

“Because the bill would address this present danger, I have concluded that the wiser course is to sign the bill now and commit to working with the legislature to address the technical issues and other challenges in separate legislation,” Murphy said.

The potential danger was the impetus for the the bill.

“Today, New Jersey takes a major step to protect our children. The lack of regulation of intoxicating hemp products and beverages has helped fuel a rise in cannabis-related hospitalizations and poses a threat to the well-being of our communities,” said the bill’s sponsor, Sen. Teresa Ruiz (D-Essex/Hudson). “Public health and safety should always be our top priority. We are grateful to Governor Murphy for taking swift action on this bill to get these products off of store shelves and implement responsible regulations.”

Although the hemp products and the public health detriment is real, the implementation of the law is questionable, said cannabis and hemp lobbyist Beau Huch.

The measure has been cheered by cannabis businesses that have sunk millions of dollars into legitimate cannabis licenses.