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On Tuesday, five hemp providers – 1 NJ-based provider and 4 out-of-state providers – filed a lawsuit in Federal Court alleging that New Jersey Senate Bill 3235 violates the Supremacy Clause, the Dormant Commerce Clause, and Due Process Clause of the U.S. Constitution. Senate Bill 3235 amends New Jersey’s 2019 Farm Bill which permitted the cultivation, manufacture, sale, and possession of hemp (less than 0.3% Delta-9 THC) in New Jersey. The Plaintiffs allege Senate Bill 3235 narrows the definition of hemp to mean products that contain less than 0.3% total THC, discriminates against out-of-state providers, and establishes unconstitutionally vague criminal and civil penalties for violations.
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