Hemp companies in New Jersey have filed a lawsuit challenging the newly signed regulation that limits the sale of hemp derived products like Delta-8 THC.

Arguing that the new regulations effectively criminalize hemp, the plaintiffs say hemp is federally legal under the 2018 Farm Bill, and that New Jersey’s regulations will force many of them out of business.

In the lawsuit, they also argue that vague terms in the law make compliance difficult. They are seeking a federal court’s intervention before the October 12 deadline, when all hemp products must be pulled from shelves.

New Jersey’s Defense Of The Law

In response, New Jersey’s state attorneys have filed a motion to dismiss the lawsuit, defending the law as a necessary public health measure, reported New Jersey Monitor.

The argument by the government says that the 2018 Farm Bill allows for state-level regulations that aim to address the risks posed by psychoactive hemp products.

The state’s filing emphasized concerns over the health and safety of minors, citing data that shows 11% of high school seniors had used Delta-8 THC in 2023.

Read Also: NJ Governor Signs Bill Tightening Rules On Hemp: Industry Stakeholders Protest, Big Alcohol Celebrates

New Hemp Law’s Restrictions And Impact

In a written statement, Governor Phil Murphy acknowledged the law’s vagueness but said public safety concerns were paramount.

Signed into law by Murphy, the new hemp regulation bans the sale of intoxicating hemp products. This is unless the seller holds a cannabis or alcohol license.

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Overseen by the New Jersey Cannabis Regulatory Commission (CRC), the law aims to curb access to products like THC-infused beverages and Delta-8 THC. However, it also benefits the alcohol industry.

Similar arguments regarding adverse effects on minor have been waved in other states to prevent hemp-derived products from circulating.

In Missouri, Maryland and California, similar regulations as those imposed sin New Jersey have faced or are currently facing legal disputes.

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