Last week, New Jersey briefly banned the sale of THC-infused beverages, most notably the seltzers that have adorned shelves in liquor stores and even convenience stores. But almost immediately, hemp companies won a reprieve, and those products are back like they never left. The only change is that buyers now have to be over the age of 21.
THC seltzers, like Cantrip and Roam, were set to be taken off store shelves on Oct. 12. That’s following a bill passed in September halting sales until the New Jersey Cannabis Regulatory Commission established regulations. Since there are no regulations yet, the state wasn’t going to allow any sales.
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The fact that THC seltzers are already for sale is thanks to a bit of a loophole. When hemp was legalized at the federal level in 2018, it was defined as a cannabis byproduct with less than 0.3% delta-9 THC. The makers of THC seltzers and cannabis gummies simply started using delta-8 instead.
“These products are sold outside of the regulated market for cannabis even though they can have similar effects, may contain harmful chemicals and other contaminants, and often are sold without appropriate testing and labeling,” Gov. Murphy said in a statement. “Too frequently, these products are readily available to minors. The status quo is untenable and this bill will put an end to it.”
This is something many states are figuring out how to deal—like Minnesota, for example. New Jersey’s law says only stores approved and licensed by the Cannabis Regulatory Commission can sell these products. A retailer licensing fee in the state can be up to $10,000, so there certainly won’t be as many stores selling the stuff.
To manufacturers, though, it didn’t seem fair to be banned before the regulations were even written. Maybe what they were doing would be legal, anyway. The court agreed. Now, the Cannabis Regulatory Commission has six months to write the rules and start issuing licenses to retailers. Until then, if you’re 21, you can buy THC seltzer in NJ.
