Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Poised to Expand Range of Available Cannabis Edibles

Author: Daniel T. McKillop

Date: October 27, 2023

Key Contacts

Back
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:

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
Types of Business Law Services Companies Actually Use post image

Types of Business Law Services Companies Actually Use

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Types of Business Law Services Companies Actually Use"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!