Trenton — The New Jersey CannaBusiness Association (NJCBA) today came out in full support of S3944, legislation sponsored by Senator Teresa Ruiz that would prohibit the production or sale of products containing delta-8 tetrahydrocannabinol (delta-8) in New Jersey. The legislation mirrors that of A5440, sponsored by Assembly members Paul Moriarty, Herb Conway, Jr., and Shanique Speight. The legislation was heard and voted out of the Senate Law and Public Safety Committee today, where NJCBA leadership testified in favor of the bill.
“It is shocking to see delta-8 and other unregulated, untested cannabis products being sold at convenience stores and gas stations all across the State,” said NJCBA interim-President Scott Rudder. “What’s even more disturbing is the ease with which children are purchasing these unregulated products. The delta-8 branded products that NJCBA members bought and had tested all had higher levels of THC than is legally permissible, not to mention an assortment of unknown chemicals not noted on the label. This must stop. We cannot go back to the 2019 vape crisis where dozens of people died and thousands were injured due to unregulated and untested cannabis products. This legislation is a necessity.”
Rudder’s comments refer to NJCBA members who, at separate locations across the state, purchased delta-8 branded products and brought them to laboratories for testing. In each instance, test results showed that the product’s chemical makeup did not match that of the label. It also indicated levels of THC that are not safe for child consumption, yet delta-8 products are currently available with no regulation.
“We spent years in New Jersey trying to end stigmas and debunk false narratives around cannabis and cannabis culture. This was all done with the goal of establishing a safe, regulated market in New Jersey. Allowing access to delta-8, particularly among children, completely undercuts that effort. As a father of young children and as a passionate advocate for the cause, I hope every legislator will support this bill,” said Bill Caruso, Partner at Archer & Greiner, Chair of Archer’s Cannabis Practice, and NJCBA General Counsel.
“Three of the four samples we had tested were grossly mislabeled – with products containing significant levels of different or additional known/identified cannabinoids than what the packaging indicated. In one sample, the label indicated only delta-8 THC, yet the test results showed that the product also contained delta-9 THC, CBD, CBN and four other identified cannabinoids, in addition to 15 unidentified compounds. All of the four vape samples were found to contain levels of delta-9 THC exceeding 1.0% by weight, where the threshold set by the USDA Farm Bill is 0.3%. By definition, all of these products are Federally illegal,” said Sarah Ahrens, Founder and CEO of True Labs for Cannabis, and co-founder and chair of NJCBA’s Laboratory Testing Committee.
“The lack of enforcement by FDA, DEA, state and local law enforcement enables many more form factors of these delta-8 products than just vapes, including loose flower and pre-rolled joints, and edibles with packaging that mimics mainstream brands,” said Brett Goldman, chair of the NJCBA Hemp Committee and a member of the NJCBA’s task force on cannabinoid products. “More troubling is the fact that some of these products are thought to be 10, 20, 50x more potent than delta-9 THC, and they are being sold in gas stations and c-stores across the country, right now. Every cannabinoid scientist that I know, when asked about delta-8, says they would not ingest it, nor would they advise that friends or loved ones use it.”
About The New Jersey CannaBusiness Association
The NJCBA’s mission is to promote jobs and growth in a sustainable and responsible cannabis industry. Starting with the pioneers in the medical cannabis market to the emerging players in the adult-use space, the NJCBA’s focus is to make certain that decision-makers and regulators understand and respect the needs of the CannaBusiness community and that our community remain responsible corporate citizens.