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Delta 8 THC in New Mexico: Is it Legal?

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Delta 8 THC is a unique cannabinoid found in the hemp plant and over the last few years has rapidly expanded in popularity nationwide with promising applications in both the medical and recreational fields. While Delta 8 THC might have some properties familiar to Delta 9 THC, the main chemical found in marijuana, it has completely different effects and less potency towards its users.

But now you ask, is Delta 8 THC legal in New Mexico?

Related article: What is Delta 8 THC?

Yes, Delta 8 THC is legal in New Mexico

As of writing this (10/12//2020), Delta 8 THC is legal according to New Mexico state law. Like the federal law, New Mexico has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.

Luckily, New Mexico seems to have much better regulations regarding CBD and Delta 8 THC in Arizona. It's regulations are much more similar to those of Delta 8 THC in Texas.

Fun Fact: We are proud winners of the High Times Hemp Cup 2020

Here are the bills:

HEMP FINAL RULE – 20.10.2 NMAC HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING

20.10.2.7 DEFINITIONS

H. “Cannabis sativa L.” means the plant cannabis sativa L. and any part of the plant, whether growing or not.

I. “CBD” means cannabidiol and is a cannabinoid and the primary non-psychoactive ingredient found in hemp.

O. “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 THC concentration of not more than three-tenths percent on a dry weight basis.

P. “Hemp-derived material” means any material containing THC in any concentration derived from cannabis sativa L. through any activity authorized pursuant to the act.

R. “Hemp extract” means oil and extracts, including cannabidiol, cannabidiolic acid, and other identified and non-identified compounds derived from hemp.

U. “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%).

Z. “Hemp products” means hemp, hemp-derived material, hemp extract, and hemp finished product.

XX. “THC” means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a post decarboxylation method and based on percentage dry weight.

(Full Bill)

Chapter 84

30-31-2. DEFINITIONS. As used in the Controlled Substances Act:

M. “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;

30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I:

E. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:

(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(4) 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, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; or

(6) the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol; and

(Full Bill)

Cannabis Policy in New Mexico

Gov. Michelle Lujan Grisham had legalization of adult use of marijuana in her legislative agenda for 2020’s legislature session, but that session was cut short due to complications from the coronavirus pandemic and the legalization bill, SB 115 had not made it through. The bill had already been approved by the Senate Public Affairs and Senate Judiciary Committee before those doors were closed, and the Governor reassures that “The door remains open. We will get it done.”

We will have to see what 2021 has in store for the Land of Enchantment and Legalization, but we encourage you to call or email your local lawmakers to voice your opinions on the matter.

Buy Delta 8 THC online in New Mexico

Want to consume Delta 8 THC in New Mexico? We got you covered with all of our top notch Delta 8 THC Products, all of which ship safe, secure and discreetly right to your front door step! 

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