New Jersey Poised to Expand Range of Available Cannabis Edibles

The New Jersey Cannabis Regulatory Commission recently proposed new regulations allowing additional ingestible forms of cannabis...

The New Jersey Cannabis Regulatory Commission (CRC or Commission) recently proposed new regulations allowing additional ingestible forms of cannabis. The move, which would allow new products at both medical and adult-use dispensaries, is part of a larger effort to expand the Garden State’s cannabis marketplace.

The Commission’s current rules only allow cannabis manufacturers to produce syrups, pills, tablets, capsules, oral suspensions, and chewable forms. Under the relaxed rules, cannabis manufacturers will be able to produce additional ingestible forms, such as single-serve beverages, candies, pastries, and other foods items. Existing manufacturers may apply for a waiver to begin production immediately.

“We believe that cannabis edibles have the potential to provide an alternative and convenient method for adults to access cannabis, and the proposed regulations aim to establish clear guidelines for their responsible production, labeling and sale,” CRC executive director, Jeff Brown, said in a press statement.

Proposed Cannabis Edibles Rules

Under the CRC’s proposed edibles rules, allowable ingestible products would include only shelf-stable, ready to use items that do not require cooking, baking, or storage in sterile environments. Products may not contain nicotine, alcohol, tobacco, or any controlled dangerous substance. Additionally, edibles would be capped at 10 milligrams of THC per serving, while beverages would be limited to 5 milligrams.

Businesses looking to manufacture and sell these new products would also be required to comply with several requirements under the new rules. Below are some of the most important:

• Employees involved in the manufacturing of ingestible products must undergo food safety training that includes: 1) The causes and prevention of foodborne illnesses; 2) Prevention of common foodborne illnesses according to the Centers for Disease Control and Prevention; and 3) Safe food handling practices, including handling of major food allergens.
• All infused ingestible cannabis products must have active ingredient homogeneity to ensure uniform disbursement of cannabinoids.
• The equipment used in the manufacturing of ingestible products must comply with kitchen-related health and safety standards.
• Cannabis manufacturers must provide a list of ingredients in descending order of predominance by weight or volume as applicable, a nutritional label, and indication if the item requires refrigeration after product opening or consumption within a specified number of days after opening.
• The maximum expiration date for all non-TCS food and single-serve beverage items must be six months, beginning from the manufacture date. License-holders and permit-holders are responsible for determining expiration dates based on scientific and safety data for particular products.
• Information regarding the safe use of cannabis items, including ingestible cannabis products, must be displayed and provided to consumers at the point of sale.
• For products manufactured such that the product’s effects are intended to be felt in less than 20 minutes, the item must contain the following consumer warning in no less than ten-point font: “The intoxicating effects of this product usually occur in less than 20 minutes but may be delayed by two or more hours.”
• No ingestible cannabis products may be manufactured, marketed, or sold that are in the shape of, or a shape bearing the likeness or containing characteristics of, a realistic or fictional human, animal, or fruit, or part thereof, including artistic, caricature, or cartoon renderings. However, the shape of a cannabis leaf is permissible.

What’s Next?

The proposed rules will now undergo a 60-day public comment period that runs from October 16, 2023 to December 15, 2023. The public may submit comments online at https://www.nj.gov/cannabis/resources/cannabis-laws. After considering feedback, the CRC will proposed final rules for adoption at a future CRC meeting.

Because the rulemaking process may take several months, licensed marijuana manufacturers looking to produce edibles can apply for a waiver that will allow production to begin immediately. The waiver is limited to existing Class 2 Cannabis Manufacturer license holders and applies only to personal, adult-use cannabis products.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

This article is a part of a series pertaining to cannabis legalization in New York, New Jersey and the United States at large. Prior articles in this series are below:

• Open for Business – New Jersey Now Accepting Applications for Cannabis Licenses
• Act Now to Take Advantage of New York’s New Cannabis Licensing Opportunities
• What HHS’s Recommendation to Reschedule Cannabis Really Means

Disclaimer: Possession, use, distribution, and/or sale of cannabis is a Federal crime and is subject to related Federal policy. Legal advice provided by Scarinci Hollenbeck, LLC is designed to counsel clients regarding the validity, scope, meaning, and application of existing and/or proposed cannabis law. Scarinci Hollenbeck, LLC will not provide assistance in circumventing Federal or state cannabis law or policy, and advice provided by our office should not be construed as such.