Is Delta 8 THC Legal in New Mexico?

Legality of buying Delta 8 THC in New Mexico

View all Delta 8 THC Legal States Information

New Mexico State law is clear on Delta 8 THC: it's legal to buy and sell in the state. The 2018 US Farm Bill made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% threshold), but some states have their own legislation regarding these products within their borders. Unlike CBD which is non-psychoactive, Delta 8 will get you high because of its psychoactive properties. We'll explore how New Mexico deals with this issue below.

Is Delta 9 legal in New Mexico?

Perhaps the most popular form of THC in the state is Delta 9 THC. With the passage of the 2018 Farm Bill, it enabled the sale of an assortment of hemp-derived Delta-9 product legal across the nation, however, some states have their own laws against this psychoactive cannabinoid. Luckily, if you live in New Mexico, you're allowed to purchase THC products, as long as they meet the federal THC limits. Both Delta-9 and the hydrogenated form of THC, HHC products, are available to purchase lawfully within the state.

Yes, Delta 8 THC is legal in the State of New Mexico.

In New Mexico Delta 8 is allowed. Chemical derivatives of the hemp-derived material from the industrial hemp plant are both legal at the state-level and federal-level. Originating as one of the isomers of hemp, delta8 products meet the requirement set forth in the 2018 US Farm Bill which opened the market to CBD-infused products several years ago. That same bill that was signed by the president simultaneously opened the market to derivatives of tetrahydrocannabinol, such as Delta 8 THC.

You see, when the Farm Bill was passed, it opened the opportunity to extract other hemp-derived cannabinoids from the industrial hemp plant. The rule essentially limits the amount of delta-9 tetrahydrocannabinol allowable in hemp-derived products. As long as manufacturers met the requirement of being at or below the delta-9- tetrahydrocannabinol concentration of .3%, the product became federally legal.

However, some states quickly began to add their own rules to apply on the state-level. Some states have banned Delta-8 entirely, but New Mexico has allowed this particular derivative of tetrahydrocannabinol to remain legal for the time being.

The extraction of tetrahydrocannabinols is a tried-and-true process learned and refined over the past several years. With Delta-8 being a tetrahydrocannabinol derivative, it undergoes a similar process to extract for human consumption. Only Delta- 9 tetrahydrocannabinols with concentrations above .3% Delta-9 THC are prohibited in New Mexico.

Current New Mexico Delta-8 Legislation

In 2019, Governor Grisham signed the Hemp Manufacturing Act into law which aimed to allow New Mexican farmers access into, "this lucrative industry while maintaining compliance with federal and state laws."

The Hemp Manufacturing Act defines hemp as the following:

"hemp" means the plant Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three tenths percent on a dry weight basis

The Act specifies the type of THC as:

"THC" means delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method and based on percentage dry weight."

Nowhere in the Act does it mention Delta-8 THC, as the law strictly prohibits the limit of Delta-9 THC.

The Hemp-Post Harvest Processing Rules were amended and went into effect at the beginning of 2020. These particular rules affect processing hemp products in the state.

In the rules, it states the requirement for what is deemed a finished product:

“Hemp finished product” means a hemp product that is intended for retail sale and containing hemp or hemp extracts for human consumption, absorption, or inhalation that has a THC concentration of not more than three-tenths of one percent (0.30%).

Clearly the state has decided that delta-9 THC concentration (as it is defined in the law) must be at or below the .3% level. Delta 8 THC, however, is not a focus of regulation in the state.

New Mexico Industrial Hemp Act

Back in 2009, the state's Hemp Farm Act was introduced by House member Begaye to establish an industrial hemp program in New Mexico. Today, New Mexico's Hemp Program is now fully operational and has opened the doors for commercial production of industrial hemp products.

In addition to the initial guidelines set forth in the original Act, Senator McSorley introduced the definition of industrial hemp for the state:

As used in this section, "industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, containing a delta-9-tetrahydrocannabinol concentration of no more than three-tenths percent on a dry weight basis.

That means while participants in the hemp program must abide by all rules, the Delta-9 tetrahydrocannabinol levels are monitored, while delta-8 levels are not a concern.

List of controlled substances

Tetrahydrocannabinols are present on the state's controlled substances list, however according to the Hemp Manufacturing Act going into effect, it made special exemptions for hemp derivatives (such as Delta-8 THC) that originate from industrial hemp.

In the Hemp Manufacturing Act, it states the exemption:

...tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to: ...tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act...

This also aligns with legislators' intent as they had sought to "creating exemptions from prosecution under the controlled substances act," when House Bill 581 was first introduced.

Buying and Shipping Delta 8 in New Mexico

Since Delta 8 is legal in the State of New Mexico, residents can buy Delta 8 products with a shipping address located in the state as Delta-8 THC is allowed in the State.

There are many types of products to try, and you decide which one will get you the best high. Delta 8 THC Products can be found packaged in every variety from Delta 8 THC caramels to Delta 8 oil products. Which product types are your favorite?

Border States to New Mexico:

Colorado, Texas, Oklahoma, and Arizona

Advocacy Groups in New Mexico Supporting Delta 8 and Hemp Laws

New Mexicans are continuously showing their support of Delta 8 and pushing towards more transparency and better Hemp Laws. Check out some of the standout organizations in the State:

Eastern New Mexico Medical Cannabis Support Group

New Mexico Cannabis Chamber of Commerce