Is Delta-8 THC Legal in New Mexico?

By | Updated on April 10, 2023

Evidence Based 3

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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.


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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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.

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