Mitnick Law Office files motion for declaratory judgment related to hemp-based CBD products

Mitnick Law Office has filed a motion for declaratory judgment in the Superior Court of New Jersey, asking the Court to declare that hemp-derived CBD products are legal to possess and to be sold in the State of New Jersey and should not be considered marijuana.

New Jersey's governor, Chris Christie, has been very critical of CBD, the cannabidiol that is found in cannabis and that is being studied for its unprecedented medical benefits. Under federal law, CBD derived from industrial hemp is legal to import into the United States, so long as it contains less than .3% THC, making THC non-detectable and any concentration of oil non-psychoactive. Governor Christie has kept the New Jersey medical marijuana program as one of the most restrictive in the country.

Craig Mitnick, the attorney filing the declaratory action, said that he "believes hemp-based CBD products bypass medical marijuana laws and are legal to be possessed and sold in the State of New Jersey, given existing federal and state statutes. A declaration by the New Jersey Superior Court would allow both healthy and sick individuals to take advantage of CBD products without the necessity of government licensing or the restrictions of medical marijuana programs." Said Mitnick, "This Court decision could change the landscape of Medical Marijuana laws throughout the country."

When asked about the medical benefits of CBD, Dr. Laurie Deerfield, a board certified physician stated that she is restricted from making any medical claims given current FDA regulations prohibiting such. However, Dr. Deerfield went on to say that she has seen dramatic improvements in the health of many of her patients, who have independently obtained and used CBD supplements.