is cbd oil legal in new mexico

CBD in New Mexico: NM State Laws and Where to Buy Legally

CBD Oil Legality in New Mexico: Cannabidiol State Law Regulations in NM, USA

New Mexico is known for a great many things. From a vibrant history and long list of indigenous peoples, New Mexico is one of the foremost tourist destinations in the American Southwest. But New Mexico is also making a name for itself as one of the most progressive institutions in the entire section of the country known as the Southwest. New Mexican laws on marijuana are extensive and offer both a medicinal cannabis program and an industrial hemp pilot program.

Despite the seemingly clear framework for regulation within the state, users of CBD might still be somewhat unclear on how their CBD products fit into the general regulatory framework of New Mexico. Conflict between local, state, and federal laws makes it difficult for CBD users of all types to distinguish the extent to which their items might or might not be legal to possess or consume.

This guide has been created as a basic resource for consumers looking to purchase and use CBD in New Mexico. It is important to remember, however, that no one source except for state-specific legislation can be considered the final word when it comes to legal analysis and protections. Users and readers are solely responsible for ensuring that they do not violate the laws of their local, state, or federal government.

CBD Laws in New Mexico

Cannabis and marijuana legislation in New Mexico comes down to two laws currently on the books. The first law regarded medicinal cannabis and passed via Senate Bill 523 way back in 2007. According to this legislation, select users with debilitating medical conditions are now able to gain access to high-quality medical marijuana. In order to obtain the necessary documents, sufferers must have their physician sign a document outlining the necessity of marijuana for their treatment plan.

But in order to truly modernize their cannabis laws, New Mexico needed to respond to the quickly-increasing demand for CBD and hemp-derived products all over the country. The New Mexico legislature did this via the creation of an industrial hemp pilot program in 2017. This program was instituted by Senate Bill 6, making it one of the clear priorities of the 2017 legislature.

CBD Age Requirements in New Mexico

Age requirements for CBD in New Mexico depend mainly on one factor: THC content. According to the industrial hemp pilot program, CBD and other hemp products can only be manufactured and sold if the THC concentration for the product is insignificant, typically less than 0.6% by dry weight. This means that CBD sold under this law cannot produce a “high” and will not show up on most modern drug tests.

For CBD sold under the industrial hemp pilot program, most retailers require that customers be eighteen to make the purchase. This can vary slightly in some establishments. For example, some smoke and head shops require that patrons be twenty-one to even enter the shop, much less make a purchase. But for the most part, New Mexico age requirements ask that consumers of CBD be eighteen years of age.

But for those seeking CBD with a higher THC content, this can only be bought under the state’s medical marijuana law. This means an important distinction when it comes to the age requirements associated with CBD purchases. Under state medical marijuana law, it is only legal for a doctor to prescribe medical marijuana or CBD to minors if their parent or guardian signs an official document saying that it is okay for their child to use medical marijuana. This means that in theory minors should be able to consume medicinal CBD with high THC content under the condition that it is for medicinal purposes.

Where to Find CBD in New Mexico

Medical CBD can be found only in licensed dispensaries, which can be found all over the state. These dispensaries offer nearly every kind of CBD and cannabis. However, they are often incredibly regulated, as owners of dispensaries can face serious criminal penalties if they choose to violate the law and sell to someone without a medical marijuana card.

For other kinds of CBD sold only under the industrial hemp pilot program, CBD can be found in many retailers all over the states. Head and smoke shops, food and wellness stores, convenience stores, and even some gas stations all carry different types of CBD for regular purchase and use.

Buying CBD Online in New Mexico

It is legal to buy CBD on the internet and have it shipped to New Mexico. The only stipulation to this law is that consumers cannot purchase CBD with a THC content that exceeds state limits unless they have access to a legal medical marijuana card. Consumers should carefully research local, state, and federal laws before making any substantive purchase online.

CBD Oil Legality in New Mexico: Cannabidiol State Law Regulations in NM, USA New Mexico…

Is CBD oil legal in New Mexico?

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  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. New Mexico CBD laws
  4. Where to buy CBD in New Mexico
  5. How to read CBD labels and packaging

Yes. Hemp-derived CBD is legal in New Mexico, while marijuana-derived CBD is permitted for qualifying patients registered with the state’s medical marijuana program. Like many states, New Mexico has legalized the production of hemp and products derived from it, including cannabidiol (CBD), following suit with federal changes made under the U.S. Farm Bill in 2014 and 2018.

Three state agencies have been placed in charge of setting up licensing, testing, and certification procedures for the cultivation, processing, and transportation of hemp products. New Mexico requires documentation to follow hemp from the field to the retailer but hasn’t set up rules for labeling or disclosing that information on to consumers.

What is CBD?

CBD is a non-intoxicating cannabinoid found in the cannabis plant. It’s the second most abundant cannabinoid in cannabis behind THC, which does have intoxicating effects. Many people use CBD for its potential ability to reduce pain, inflammation, and anxiety, as well as a treatment to reduce or suppress seizures. It can be derived from either marijuana or hemp plants; the latter is legal in many countries because it contains negligible levels of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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As research remains ongoing, there is a growing body of evidence pointing to CBD’s potential efficacy in various medical applications.

Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule 1, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.

This broad classification was first changed following the passage of the 2014 Farm Bill, which recognized the difference between hemp, which contains less than 0.3% THC by weight, and marijuana, which contains more than 0.3% THC by weight and is still considered to be a Schedule 1 substance.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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The 2018 Farm Bill officially removed hemp from the list of Controlled Substances, although marijuana is still illegal in states without adult-use legislation in place. Therefore, CBD derived from marijuana plants is still illegal, while CBD derived from hemp is legal as long as it contains less than 0.3% THC.

The 2018 Farm Bill also granted the U.S. Food and Drug Administration (FDA) the authority to regulate CBD labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating that stance, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.

While the Farm Bill did legalize hemp, the production and the sale of any product derived from it, including CBD, it is still highly regulated. The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products instead of waiting for final FDA rules.

New Mexico CBD laws

After the passage of the US 2014 Farm Bill, New Mexico was one of many states that moved to legalize industrial hemp production, but the bill was vetoed by Republican Gov. Susana Martinez. After that veto was overturned by the New Mexico Supreme Court in 2017, the Legislature moved forward and eventually prevailed, placing the legal standard for hemp at 0.3% or less THC by weight, following suit with the limit set by the federal government. The bill acknowledges the right of federally recognized Native American tribes to set up their own regulations for hemp.

In March 2019, New Mexico lawmakers passed HB 581, legalizing hemp and beginning the process of establishing regulations for its production, testing, transportation, and processing.

According to HB 581, individual permits are required for growing, extracting, and manufacturing hemp products, meaning a vertically integrated operation would need to obtain three separate permits, each of which cost $1,000 per year. A harvest certificate, obtained after testing by a state-licensed facility, and manifest are required to follow all products through the supply chain.

Furthermore, every hemp or hemp-derived product is required to have a certificate of analysis from an approved lab with a batch ID number, testing date, method of analysis, and authorized signature. The certificate must follow finished products to the retailer, but for direct-to-consumer sales, this requirement is optional and by the purchaser’s request. Transporting hemp-derived CBD without a harvest certificate is a petty misdemeanor with a fine of up to $500.

The law states that anyone processing or transporting CBD to be used for human consumption must comply with the state’s food safety laws. The oversight detailed in HB 581 stops once the product reachers the retailer, perhaps in deference to the FDA’s jurisdiction over CBD in food, cosmetics, and other consumer items.

New Mexico CBD possession limits

The state has not set any limits on possession of hemp-derived CBD for consumers.

Where to buy CBD in New Mexico

CBD products in New Mexico can be found in select Walgreens locations, as well as in smaller, local pharmacies and health food stores. More locations will likely begin to carry CBD products as the state works out its licensing process.

Shopping online is another option, as the U.S. Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands, while an extensive list of reputable CBD products can be found on Weedmaps.

How to read CBD labels and packaging

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a final conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products, look for these on the label:

  • Amount of active CBD per serving
  • Supplement Fact panel, including other ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested use
  • Full spectrum, broad spectrum, or isolate
  • Batch or date code

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