By Barbara A. Preston | Posted January 22, 2026
A recent Montgomery police blotter item cited Rainbow Smoke Shop in the Princeton North Shopping Center in Skillman for selling flavored vapes — which is illegal in New Jersey to protect youth from nicotine addiction. Flavors such as fruit, candy, bubble gum, and menthol are highly appealing to kids, according to the law.
On January 21, 2020, Governor Murphy signed S3265, prohibiting the sale of all flavored vapor products (including menthol) except tobacco flavor. The law took effect on April 20, 2020.
Rainbow Smoke Shop in the Princeton North Shopping Center off Route 206 sells lottery tickets, cigars, bongs, THC seltzer, magic mushroom chocolate, kratom seltzer, gummies, sodas, nicotine vapes, potato chips, and more.
While it is illegal to sell flavored nicotine products, it is in fact legal to sell a variety of flavored THC items and other intoxicating products.
The Rainbow Smoke Shop (and other stores throughout the state) sell such items as orange-flavored Kratom seltzer, wild cherry flavored non-alcoholic seltzer drinks infused with intoxicating levels of THC, and chocolates laced with “proprietary noatropic blends.”
There are also blackberry flavored “Death Drops,” which are “live resin” gummies containing Delta-6 + THC-P.
The Montgomery News spoke with Jason Larsen of the Montgomery Police Department about the sale of these products in town.
Larsen said there is no local ordinance against selling the substances, and state law states that THC seltzers — flavored or not — are currently legal to purchase and sell in New Jersey for adults 21 and over.
According to a news report by VICE, “the fact that THC seltzers are already for sale is thanks to a bit of a loophole. When hemp was legalized at the federal level in 2018, it was defined as a cannabis byproduct with less than 0.3% delta-9 THC. The makers of THC seltzers and cannabis gummies simply started using delta-8 instead.”
Gov. Phil Murphy had said in a statement in 2024: “These products are sold outside of the regulated market for cannabis even though they can have similar effects, may contain harmful chemicals and other contaminants, and often are sold without appropriate testing and labeling,”
“Too frequently, these products are readily available to minors.”
The Montgomery News also attended a recent local meeting in which a discussion revolved around the sale and regulation of hemp-derived intoxicating beverages and other substances in New Jersey. (The newspaper was asked not to identify the group).
Key issues included:
* Regulatory Confusion: A lack of clear state guidelines distinguishing between hemp (non-delta-9 THC) and cannabis (delta-9 THC), leading to these intoxicating hemp products being sold in stores everywhere, unlike regulated cannabis in dispensaries.
* Safety Concerns: Worries about high potency (50mg THC in beverages vs. 10mg in edibles), unpredictable effects on consumers, and the absence of a standardized blood cannabis level test for impairment.
* Industry Discrepancies: Conflict exists between licensed cannabis dispensaries (who see it as encroaching on their market) and liquor stores/smoke shops distributors (who see a new profit source).
The industry is waiting for the Cannabis Regulatory Commission (CRC) to issue regulations. There’s a possibility that the state legislature will intervene if the CRC does not act.
Police Lt. Larsen mentioned to The Montgomery News that Congress passed in November a provision banning intoxicating products made out of hemp, a type of cannabis similar to marijuana, but with a lower level of the psychoactive element THC.
This could led to a federal law that bans the sale of THCinfused drinks, and other edible products such as gummies that are sold outside of a state-approved dispensary.
The Montgomery News stopped by The Rainbow Smoke Shop in Skillman several times to purchase the products that appear on these pages and to speak to a manager or owner about the products sold in the shop. Several times, the editor was told to “come back later.”
Finally, a manager named Divya, who would not give her last name, asked whether the newspaper was going to write a positive or a negative article about the smoke shop.
The newspaper editor replied she wanted to write a balanced article, but that it is difficult when the store manager/owner would not speak with the newspaper.
When asked about the provision banning intoxicating products made out of hemp plants, Divya said it was “just talk” at this point. For now, products with a delta-9 concentration that does not exceed 0.3% on a dry weight basis is legal.
According to The Association of Cannabinoid Specialists, both delta-8 THC and delta-9 THC are present in the cannabis plant. They have similar chemical structures but are “regulated differently and have different safety profiles.”
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Delta-9 THC is the more common, “classic,” form of THC, and it is responsible for the plant’s “psychoactive effects and medicinal benefits associated with cannabis.”
Although the cannabis plant also produces delta-8 THC, it does so in much smaller amounts and is generally less potent.
While delta-9 remains a Schedule I controlled substance, the association added, “delta-8 THC ... exists in a legal gray area,” as it can be derived from hemp.
In New Jersey, Schedule I controlled substances are drugs defined as having a high potential for abuse and no accepted medical use or accepted safety for use under medical supervision in the United States.
Common examples of Schedule I substances in New Jersey include: Heroin, LSD (acid), MDMA (Ecstasy, Molly), Psilocybin (“magic mushrooms”), Mescaline (Peyote), and Synthetic Cannabinoids (synthetic marijuana, “bath salts”).
Kratom is illegal in seven U.S. states — Alabama, Arkansas, Indiana, Louisiana, Rhode Island (ban is in effect, but a new law will establish a regulatory framework in April 2026, making it legal under regulation), Vermont, Wisconsin, and Washington, D.C. The tree (Mitragyna speciosa) is indigenous to Cambodia, Thailand, Indonesia, Malaysia, Myanmar, and Papua New Guinea. It has dark green, glossy leaves, known as kratom, have been used in herbal medicine since at least the 19th century. The leaves also historically have been consumed via chewing, smoking, and as a tea. Kratom has opioid-like properties and some stimulant-like effect.
On Dec. 2, 2025, the FDA issued a warning that consumers should not use kratom because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD).
According to Mayo Clinic, kratom is unsafe and ineffective. It is often sold as a supplement to boost energy, lift mood, relieve pain, and as remedy for the symptoms of quitting opioids, called withdrawal.
There are no FDA-approved kratom drug products or overthe- counter drugs containing kratom that are legally on the market in the United States.
The FDA continues to warn consumers not to use kratom because of the risk of serious adverse events. Kratom is a tropical tree (Mitragyna speciosa) that is native to Southeast Asia. Products prepared from kratom leaves are available in the U.S. online and in brick-and-mortar stores.
Kratom is often used to selftreat conditions such as pain, coughing, diarrhea, anxiety and depression, opioid use disorder, and opioid withdrawal, with regular kratom users self-reporting using less than 6g of botanical kratom per consumption, per several recent studies. An estimated 1.7 million Americans aged 12 and older used kratom in 2021, according to the Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health.
Infinite Bliss Magic Mushroom Chocolate. Warning: This product may cause psychotropic effects. The label does not identify the ingredient(s) in the product that would cause altered reality (hallucinogens, mood changes, etc). It just says, “proprietary noatropic blend.” It also states: Keep out of reach of children. Must be 21 to use this product. This product is not FDA approved. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease. Consult your physicians before use if you’re pregnant, nursing, have a medical condition, or are on any medicates. The purchaser of this product assumes all risk and liability associated with the use, purchase, and possession of this product. Do not drive when using this product. Dosage: Vibing (1 to 4 squares). Exploring (5 to 8 squares). Infinite bliss (9-plus squares).
Described by the Rainbow Smoke Shop salesman as “better than psilocybin or psilocin,” one brand titled “Infinite Bliss” contains “proprietary noatropic blends.”
What exactly is in the blend? It does not say on the nutritional label of the two products below purchased by The Montgomery News. The chocolate bar labels each say they may cause psychotropic effects. If that is anything like a real magic mushroom, that means hallucinations and altered perceptions (for example, breathing walls) leading to intense emotional and sensory experiences, sometimes described as spiritual or connected, but can also cause frightening “bad trips” in non-supportive settings.
The effects may last hours, and vary greatly by dosage and individual. While illegal in many places, some researchers are exploring their therapeutic potential for mental health conditions like depression and PTSD.
Onset: Typically 20-60 minutes after ingestion, lasting four to 10 hours. Legal Status: Psilocybin or psilocin are illegal in most places. However, some cities have decriminalized them, and medical research is growing. Magic mushrooms are Schedule I in the U.S.
Therapeutic potential studies show promise for treating depression, anxiety, addiction, and PTSD. Psilocybin-assisted therapy has shown significant results in clinical trials.
The labels on the “Magic Mushroom” chocolates for sale at Rainbow Smoke Shop do not identify the active psychotropic ingredients, so it is unknown what the therapeutic value would be.
The Gorilla Glue label states: “This product contains THC and may cause you to fail a drug test. The purchaser of this product bears all risk and assumes all liabilities with the purchase, possession, and use of this product. WARNING: Keep out of reach of children. Consult physician before use. Do not take this product if you are subject to drug testing.
“Gorilla Glue #4 delivers heavy effects, including: Intense euphoria; Deep relaxation; and Couchlock, hence the ‘glue’ reference,” according to 3CHI, online shop. (www.3chi.com/blog/thca-flowerhistory- of-gorilla-glue-4-gg4.)
THCa remains non-intoxicating in its raw form but converts into THC when exposed to heat (decarboxylation), making it psychoactive.
THCa is generally legal as long as it stays within federal hemp limits (<0.3% THC), whereas THC and its derivatives (delta-9, delta-8, and HHC) face stricter regulations.
Municipalities that choose to allow cannabis industries within their borders were able to enact a local sales tax of 2 percent on cultivation sales, retail sales, and manufacturing sales.
New Jersey’s legalization of marijuana in 2021, rendered all prior municipal-level “prohibition” ordinances null and void.
Municipalities had to introduce local legislation for cannabusinesses by the state deadline of August 21, 2021.
Former Rocky Hill Borough Planning Consultant Tamara Lee said municipalities that opted out of permitting marijuana dispensaries in their towns would forgo the ability to have substantial, and possibly exponential, additional revenues from the sales tax.
At the time, the cannabis industry put out information saying the average establishment would have about 5,000 customers. If you estimate the average customer would buy an ounce of product per month, the average cost in New Jersey (though a wide range exists from recreational price and medical price) would be $400 for 5,000 customers, the gross for that business would be $24 million. Two percent of that is $480,000. Rocky Hill generally has a municipal budget of about $1 million.
“So, that’s a pretty significant revenue,” Lee told The Montgomery News in 2021.
Rocky Hill and Montgomery both opted out of the cannabusiness. Perhaps it is time for officials to re-examine the issue more closely, from both a tax and health perspective.
