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By Nathan J. Mammarella, Esq on July 08, 2020
CBD in New Jersey
CBD & Marijuana in NJ at a Glance
- Cannabidiol, commonly referred to as CBD, does not contain THC
- CBD is derived from hemp and provides positive effects such as calmness, relief from anxiety and pain
- CBD is legal in New Jersey and can be purchased without a prescription
- Marijuana has been legalized in New Jersey for recreational use
Marijuana and CBD products are becoming mainstream through wellness treatments and recreational use. In some instances, they are legal to possess and use, but not in others. Below we look at the difference between marijuana and CBD and address issues of law regarding the two.
What is the Difference Between CBD and Marijuana (THC)?
Cannabidiol or CBD, is found in both hemp and cannabis plants. The big difference between CBD and marijuana is that tetrahydrocannabinol, or THC, the psychoactive component of marijuana, is non-existent or is only present in trace amounts of hemp-derived CBD. Because hemp-derived CBD does not contain this psychoactive component, hemp CBD users do not receive the ‘high’ that comes from ingesting marijuana.
Is CBD Legal in NJ?
Only hemp-derived CBD is legal in New Jersey due to the THC level being so minute. CBD extracted from marijuana plants, containing higher levels of THC, may be legally obtained only by persons registered in New Jersey’s medical marijuana program. Registration requires a prescription from a doctor.
CBD products available in oils, creams and edibles, are sold without requiring a prescription or marijuana purchaser card. Frequently marketed as herbal remedies, these products contain CBD derived from hemp. Because hemp-derived CBD contains no, or only trace amounts of THC, these products are legal to sell, possess, and use.
Many CBD users report positive effects from CBD, such as calmness, relief from anxiety, and pain relief. So far, clinical studies have been inconclusive to establish medical proof, but testing continues to explore the potential role of CBD in addressing symptoms of many common health issues regarding anxiety, movement disorders, and pain.
Is Recreational Use of Marijuana Legal in New Jersey?
Recreational use of Marijuana became legal in 2023, but there are still circumstances where use, such as impaired driving, may result in legal consequences.
To learn more about the current status of decriminalization and legalization of marijuana in New Jersey, see our blog here.
Contact Rosenberg | Perry & Associates
If you have questions about CBD in New Jersey, any criminal matter, arrest, recovery court, or criminal charges such as a DUI or Restraining Order in New Jersey, contact the attorneys at Rosenberg | Perry & Associates. We provide free consultations and are happy to help you with your case.


