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New Mexico’s hemp laws are similar to federal legislation. That means hemp-derived products, including delta-8 THC, are fully legal. Read on for a detailed look at delta 8 legality in the Land of Enchantment.
Summary
Delta-8 THC is legal in New Mexico; the state’s laws match federal legislation, allowing for all hemp-derived products.
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Table of Contents
New Mexico Delta-8 THC Laws
New Mexico’s hemp laws closely resemble their federal counterparts. Here are the key definitions that help us understand why delta-8 is legal:
“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%).
“THC” means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a post-decarboxylation method and based on percentage dry weight.
New Mexico Hemp Program
This means that any finished hemp-derived product that contains no more than 0.3% delta-9 THC is legal. Hemp-derived delta 8 falls under that definition.
What is Delta-8 THC?
Delta-8 is a form of tetrahydrocannabinol (THC), the intoxicating substance in cannabis. Most people haven’t heard of it before because cannabis plants produce large quantities of delta-9, a different form of THC.
Delta 8’s effects are identical to delta-9 but it’s about 33% weaker and less likely to cause side effects (1). It’s only found in trace amounts in cannabis but can also be made artificially from hemp-derived CBD.
Why Delta-8 THC is Federally Legal
Delta-8 THC is nationally legal because of a loophole in the 2018 Farm Bill. The bill allows for hemp-derived products as long as they contain no more than 0.3% delta-9 THC.
By that definition, hemp-derived delta 8 is legal. Most of the delta-8 on the market is made through a chemical conversion process from CBD, the most abundant cannabinoid in hemp.
States Where Delta-8 THC is Illegal
Each state can regulate delta 8 as it sees fit.
Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.
The Future of Delta 8 in New Mexico
Delta-8 THC is legal in New Mexico and likely to stay that way.
The only possible change is that the state might decide to regulate delta 8 the same way as recreational cannabis, which was legalized in New Mexico in 2021.
But we’ll have to wait and see what happens.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.
