Author: Emerge attorney Natalie Diaz
Hey there, fellow ganjaprenuers and curious minds! We have some exciting news, fresh from the Garden State! Last month, on September 8, 2023, the New Jersey Cannabis Regulatory Commission (“CRC”) updated its regulations with Resolutions 2023-143 and 2023-144. In these Resolutions, the Commission amended existing regulations by waiving N.J.A.C. 17:30A-10.7(e), N.J.A.C. 17:30-11.5(c)(3), and N.J.A.C. 17:30-11.6(b). These resolutions might sound boring, but trust us, they are the key to unlocking a new world of cannabis-infused edibles, or as I like to call them as a bit of a baker myself, ‘Eddies’!
Edibles have been expanded to encompass various forms, including:
- Syrups
- Single-Serve Beverages
- Pills, Capsules, or Tablets
- Oral Suspensions
- Non-Time/Temperature Control for Safety Food Items
The real game-changer here is the inclusion of Non-Time/Temperature Control for Safety (“Non-TCS”) food items. What is that, you ask? Well, it’s a fancy term for food products that don’t need special temperature control that you can store right on your kitchen shelf !
The Resolution explain, Non-TSC include “chocolates, gummies, baked goods, butters, jams, and jellies… in addition to products that don’t “require time or temperature control” to maintain food safety. The fine print involves measures “ to limit pathogenic microorganism growth or toxin formation.” Basically, everything that won’t grow any funky microbes or toxins if you leave it sitting around for a while.
These Non-TCS edibles and single-serve beverages come with a six-month shelf life from their manufacture date. Plus, each serving of a beverage can’t exceed 5 milligrams of total THC.
Furthermore, for non-TCS food and beverage items, certain specific labeling requirements must be met. These include:
- Ingredient List: A comprehensive list of ingredients must be provided, arranged in descending order of predominance by weight or volume, as applicable.
- Nutritional Label: In addition to the ingredient list, a nutritional label is mandatory.
- Refrigeration Indication: The packaging or label must indicate whether refrigeration is necessary after opening or if consumption is limited to a specified number of days after opening.
Be sure to check out Part 2!
For questions about New Jersey’s cannabis regulations, reach out to our Cannabis Industry Group.
