New Mexico Legalized Delta-8 THC in 2019 and Hasn’t Looked Back

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Lee Johnson

Lee Johnson is the senior editor at CBD Oracle, and has been covering science, vaping and cannabis for over 10 years. He has a MS in Theoretical Physics from Uppsala...

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Fact checked byNeil Willner

Fact checked by

Neil Willner

Neil M. Willner is an experienced cannabis attorney at Royer Cooper Cohen Braunfeld LLC and co-chair of the firm's Cannabis Group. He focuses his practice on the cannabis industry and...

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Delta-8 THC products with CBD sold in New Mexico
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Delta-8 THC is legal in New Mexico, along with marijuana for both medical and recreational use.

While other states have refined their hemp laws since writing the 2018 Farm Bill into state law, New Mexico has basically kept things as they were. While this means that hemp-derived delta-8 THC is legal and available in the state, some important rules – such as minimum age restrictions – are in place for the cannabis industry but not for the hemp industry. 

Here’s what you need to know about New Mexico hemp law. 

Delta-8 THC is legal to sell in New Mexico, under the state’s hemp laws.

House Bill (HB) 581 was signed into law in 2019, and establishes rules for New Mexico’s hemp program. The bill defines hemp (section 2 (D)/pages 1-2, lines 24-3) in the same way as the 2018 Farm Bill and includes finished products (section 2 (G)/page 2, lines 11-15) made from hemp too. The bill also exempts hemp from the definitions of marijuana and THC in the controlled substances bill (section 30-31-6(E)(1)/page 29, lines 1-7). 

This means that delta-8 THC is legal to sell as hemp in the state provided that it remains under 0.3% delta-9 THC by dry weight.

RELATED: Where Is Delta-8 THC Legal? A State-by-State Map

Can You Buy Delta-8 THC Products in New Mexico? 

Delta-8 THC is available to buy from hemp stores in New Mexico, with both brick-and-mortar and online stores selling the cannabinoid. 

Delta-8 THC Alternatives 

New Mexico only has basic rules surrounding hemp, so basically any hemp-derived cannabinoid legalized under the 2018 Farm Bill is available in the state. However, delta-8 THC is the most commonly sold. The state has also legalized cannabis, so you can also buy delta-9 from a state-licensed dispensary. 

Are There Age Restrictions on Delta-8 THC Products? 

No. Although stores generally don’t sell to anybody aged under 18 or 21 as a policy, there is currently no legal age restriction on hemp products. 

Can You Travel to New Mexico With Delta-8? 

Yes, traveling to New Mexico with Farm Bill compliant delta-8 THC is totally fine. 

Since delta-8 THC is not a controlled substance either in New Mexico or at the federal level under the 2018 Farm Bill, there is no restriction on traveling with delta-8. The Transportation Security Administration (TSA) points out that they are generally not interested in looking for marijuana, but note specifically that hemp is exempted from any restrictions. It’s a good idea to bring a certificate of analysis (COA) for the delta-8 THC products you bring so you can prove it is compliant hemp. 

Closing Thoughts: The Future for Delta-8 in New Mexico 

There appears to be nothing on the horizon for delta-8 THC in New Mexico other than the update to the Farm Bill due before the end of 2023.

At present, both hemp and marijuana are legal in New Mexico, but there is no minimum age in place for the purchase of hemp products like there is for marijuana. Despite this, this doesn’t appear to be a big issue in New Mexico for legislators, with no hemp-related bills having been proposed – much less passed – in 2023. However, changes at the federal level will likely mean New Mexico has to update its rules in 2024.