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
How Understanding Bankruptcy Trends Can Benefit Your Business post image

How Understanding Bankruptcy Trends Can Benefit Your Business

The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]

Author: Brian D. Spector

Link to post with title - "How Understanding Bankruptcy Trends Can Benefit Your Business"
SEC Takes Actions Against Issuers for Failure to File Form D post image

SEC Takes Actions Against Issuers for Failure to File Form D

In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]

Author: Kenneth C. Oh

Link to post with title - "SEC Takes Actions Against Issuers for Failure to File Form D"
Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda post image

Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda

On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]

Author: Matthew F. Mimnaugh

Link to post with title - "Redefining Labor Relations: NLRB's Pivot from Abruzzo’s Memoranda"
What Are FIRPTA Withholding Requirements? post image

What Are FIRPTA Withholding Requirements?

If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]

Author: Jesse M. Dimitro

Link to post with title - "What Are FIRPTA Withholding Requirements?"
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"

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.

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

Please select a category(s) below: