CBD laws vary across the country, and they don’t always line up with the federal laws declared by the 2018 Farm Bill. Thanks to these discrepancies, it’s hard to determine if the CBD near you is legal or even safe. Is CBD legal in New Mexico, and if so, what laws does the state impose that affect consumers? Good news! Seeking CBD oil in New Mexico? Learn where to find it and why it has become a go-to supplement for thousands of residents.
Is CBD Legal in New Mexico?
CBD laws vary across the country, and they don’t always line up with the federal laws declared by the 2018 Farm Bill. Thanks to these discrepancies, it’s hard to determine if the CBD near you is legal or even safe.
Is CBD legal in New Mexico, and if so, what laws does the state impose that affect consumers?
CBD is legal and easily accessible in the state, and New Mexico imposes some of the strictest industry regulations in the country. If that sounds counter-intuitive, allow us to break down the details of New Mexico CBD laws:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
- New Mexico legalized hemp production shortly after the 2014 Farm Bill was signed into law, and the state has slowly modified their hemp program over the last few years. Now, the state imposes strict regulations on manufacturers and producers that follow products all the way to vendors.
- There’s no minimum legal age to buy CBD in New Mexico, and you can likely find CBD products all over the state.
- The state allows CBD to be used in many ways, including in food, beverages, and dietary supplements.
- Many regulations are in place, but vendors may not be required to offer this information to consumers. In order to ensure that the products you choose are safe and potent, you may consider shopping online. Many online CBD brands ship legal CBD products to New Mexico to buyers aged 18 and up.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in New Mexico?
Multiple attempts to legalize hemp in response to the 2014 Farm Bill were originally vetoed by New Mexico Governor Susana Martinez. However, the state’s supreme court overturned the veto, eventually altering hemp legislation in 2017 to update the state’s definition for hemp to match the federal definition–any cannabis material with less than 0.3% THC on a dry weight basis. This bill technically legalized hemp but made no provisions for growing, producing, or marketing hemp products in the state.
In 2019, following the 2018 Farm Bill, New Mexico finally passed HB 581. The new bill laid the groundwork for the state’s hemp pilot program, similar to the plan laid out by other cannabis-friendly states, like Colorado and Oregon. New Mexico’s hemp regulations exceed far beyond most states’, placing some of the most stringent requirements in the nation on hemp manufacturers. Only a few other states, like Utah and Nevada, have adopted similarly strict regulations.
Growing, manufacturing, and selling hemp each requires an individual license to be granted by the state. The program also requires various testing and labeling practices for hemp products. For instance, CBD products marketed in the state cannot be labeled to suggest that they contain “no THC” or are “THC-free.”
Growers must obtain a harvest certificate and testing analysis for all hemp material, and the documentation must follow the hemp or products all the way to the vendor. However, there are no requirements to provide this information to the consumer.
New Mexico also allows the use of hemp-derived cannabinoids in foods and beverages, proving the products meet the requirements of the state’s food safety laws. However, these protections only exist for manufacturers, and CBD vendors are subject to the rules laid out by the FDA.
Is full spectrum CBD legal in New Mexico?
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, New Mexico has no laws restricting full spectrum CBD products that contain 0.3% THC or less. The state does restrict products from being marketed as “THC-free.”
Does New Mexico have a CBD possession limit?
New Mexico doesn’t impose any CBD possession limits that affect consumers. Products that contain more than 0.3% THC are considered cannabis products and can only be accessed as part of the state’s medical cannabis program. These products may be subject to different possession laws.
Can doctors prescribe CBD in New Mexico?
You do not need a prescription to access hemp CBD products in New Mexico. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, like Ohio, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in New Mexico?
New Mexico allows CBD to be sold at dispensaries and other stores so long as it is pre-packaged and the vendor is licensed and operating according to the state’s food safety laws. That means you may find CBD in many different stores across the state, but can’t buy it in already-prepared foods at restaurants and cannot consume it on site.
The state does require certain testing documents and harvest certifications to follow the hemp material from seed to sale, but this information doesn’t have to be given to the consumer. For this reason, you should be careful when buying CBD in New Mexico.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
How old do you have to be to buy CBD in New Mexico?
In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
Still, the legal age to buy CBD is unclear, often on both the state and federal level. Although there are no statewide laws in New Mexico that impact purchasing age, laws may vary by local jurisdiction, but generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it’s possible that most CBD vendors will require buyers to meet this minimum age requirement as well.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to New Mexico.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in New Mexico, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
CBD Oil in New Mexico [2022 Buyers Guide]
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A majority of states in America now permit medical marijuana. A growing number of locations also allow adult-use cannabis. However, it is less clear-cut when it comes to CBD oil. Even states that have legalized recreational marijuana don’t necessarily have specific cannabidiol laws. The assumption is that because cannabis is legal, CBD is too by default.
This isn’t strictly true, and few locations offer clear guidance. This is why we have created guides to CBD oil laws in various states. Today, it is the turn of New Mexico. We look at whether the state tolerates CBD. First, however, let’s briefly outline its stance regarding cannabis.
What Are the Marijuana Laws in New Mexico?
New Mexico has one of the oldest MMJ programs in the United States. Governor Bill Richardson signed Senate Bill 523 into law in 2007, thus legalizing medical marijuana. Interestingly, NM had the first medical cannabis law enacted by any American state in 1978. However, it only allowed MMJ via a federally-approved research program.
In April 2019, Governor Lujan Grisham signed Senate Bill 323 into law. It decriminalized the possession of up to half an ounce of cannabis, which is now a petty misdemeanor. You will receive a fine of $50 for your first offense. SB 323 also made New Mexico the first state to decriminalize the possession of drug paraphernalia.
Qualifying conditions for medical cannabis in New Mexico include, but are not limited to:
- Alzheimer’s disease
- Chronic pain
- Crohn’s Disease
- Hepatitis C
- Intractable nausea and vomiting
- Parkinson’s disease
- Severe anorexia or cachexia
- Sleep apnea
- Spinal cord damage
What About Recreational Marijuana in New Mexico?
In March 2019, the state’s House of Representatives narrowly approved House Bill 356. It aimed to legalize adult-use cannabis in New Mexico. It even established a system of distribution. However, HB 356 died in the Senate.
Unperturbed, Governor Grisham continued to push legislation. In April 2021, she signed House Bill 2, the Cannabis Regulation Act, into law. It passed both the House and Senate during a special legislative session called by Grisham.
Recreational cannabis officially became legal for adults aged 21+ to possess on June 29, 2021. It is now possible to carry up to two ounces of marijuana on your person outdoors, with no possession limit indoors. Each adult can cultivate a maximum of six mature and six immature plants in a private residence. Retail sales will begin in April 2022.
One could argue that it is a necessary step since Mexico is close to legalizing marijuana. New Mexico will share a large border with a huge nation that allows recreational cannabis if that happens.
Now that adult-use marijuana is legal in New Mexico, surely the legality of CBD is straightforward?
Is CBD Oil Legal in New Mexico?
Yes! New Mexico has followed the lead of most states by legalizing the production of industrial hemp. It also allows the use of products derived from it. NM was one of the states that looked to legalize hemp after the 2014 U.S. Farm Bill. However, the Governor at the time, Susana Martinez, vetoed the bill.
The New Mexico Supreme Court overturned the veto in 2017, however. The state legislature moved forward and ruled that hemp with a maximum of 0.3% THC is permitted for cultivation. This was over a year before the 2018 Farm Bill made hemp with no more than 0.3% THC federally legal to cultivate.
Technically, the latest iteration of the Farm Bill did not make CBD federally legal. However, most states tolerate CBD use even if they don’t have specific laws legalizing it.
In March 2019, New Mexico lawmakers passed HB 581 into law. It legalized hemp and started creating a framework for its cultivation, testing, transport, and processing. Therefore, you are on safe ground by purchasing CBD oil from hemp with a maximum of 0.3% THC. Please note that law enforcement can still apprehend any individual possessing more than eight ounces of hemp.
However, it is a different story with CBD derived from marijuana. At present, you require a New Mexico MMJ card to purchase it, although this is set to change soon. In February 2020, Governor Lujan signed SB 139 into law. It limited the use of MMJ cards to residents of the state only. Therefore, visitors to the state shouldn’t try to buy CBD oil from cannabis right now.
Industrial Hemp in New Mexico
It was only with the advent of HB 581 that the industrial hemp industry in New Mexico could begin in earnest. While the CBD industry remains unregulated, the hemp sector offers protection for farmers and consumers.
HB 581 only allows hemp with a maximum THC content of 0.3% by dry weight. To cultivate hemp legally in the state, you need to pay $1,000 to apply for a license from the New Mexico Department of Agriculture (NMDA).
The bill states that you need separate permits for cultivation, extraction, and manufacturing hemp products. Therefore, if you want to proceed with a vertically integrated operation, you must pay three fees.
NM hemp farmers also pay an annual $650 base registration fee for indoor growing and $750 for outdoor cultivation. They also pay $10 per variety grown, $6 per acre of production indoors, and $0.75 per 1,000 square feet of outdoor production. Farmers can choose between growing from seeds or clones.
All hemp plants are tested to ensure they meet NMDA guidelines. The state destroys products with more than 0.3% THC. Furthermore, all hemp grown in New Mexico requires testing for the following:
- Heavy metals
- Residual solvents
- CBD dry weight content
- Pesticide residue
- THC concentration and percentage
- Microbial organisms, yeast, and mold
CBD products from hemp must include labels with a QR code that directs to the product’s certificate of analysis. Labels must also state the product’s expiry date, CBD content, and date of manufacture.
How Old Do You Have to Be to Buy CBD in New Mexico?
If you’re looking to buy CBD in New Mexico under the industrial hemp pilot program, you must be 18+. Indeed, certain smoke and head shops that sell cannabidiol won’t let anyone under 21 enter the store, let alone buy CBD. If you want cannabidiol derived from cannabis, you must have an MMJ card for now. However, recreational marijuana sales will begin in April 2022.