On Sept. 8, 2023 the New Jersey Cannabis Regulatory Commission (the CRC) introduced proposed guidelines to allow additional ingestible forms of cannabis products in the medical and recreational cannabis markets, including cannabis-infused beverages, baked goods, candies, gummies, butters, jams, jellies and chocolates. Previously, only the manufacturing and dispensing of syrups, oils, tablets, pills, capsules, chewables and drops of cannabis products was permitted. The CRC approved the proposal by a 4-0 vote and the proposal is now subject to the 60-day public comment period, starting Oct. 16, 2023 through Dec. 15, 2023. 

In allowing this expansion, the CRC recognized that finalizing the proposed guidelines would take some time, and as a result, simultaneously issued a temporary regulatory waiver of  N.J.A.C. 17:30A-10.7e, which initially limited an Alternative Treatment Center (ATC) to package, manufacture or dispense medicinal marijuana, only, in dried form, oral lozenges, or topical or oral formulations. Now, an ATC will be allowed to produce and dispense edible forms of medicinal cannabis products that do not require time and/or temperature control to safely limit any pathogenic microorganism growth or toxin formation (non-TCS foods). The waiver does not extend to the recreational adult-use market.