New Jersey Hemp Law Faces Setback As Federal Judge Blocks Out-of-State Product Ban

A federal judge has struck down parts of New Jersey’s recently enacted hemp law, ruling that certain provisions unlawfully restrict interstate commerce and conflict with federal regulations. The decision delivers a partial victory to hemp businesses that challenged the law, though key restrictions remain in place.

NJ Hemp Law Violates Commerce Clause

U.S. District Court Judge Zahid N. Quraishi ruled on Wednesday that specific sections of the New Jersey Hemp Act Amendments (NJHAA) violate the dormant Commerce Clause and are preempted by the 2018 Farm Bill, which federally legalized hemp. According to the New Jersey Monitor, the judge agreed with plaintiffs that the law’s definition of THC and its application discriminated against out-of-state hemp producers.

“The New Jersey Legislature cannot blatantly discriminate against out-of-state economic interests,” Judge Quraishi wrote in his decision.

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The NJHAA, …

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