Delta 8 THC New Mexico Legal Guide

Delta 8 THC New Mexico Legal Guide by Sneha Solanki at CBD Origin

Introduction

Delta-8 THC, AKA weed lite or diet weed, is a compound that needs no introduction after the introduction of the farm bill(also known as Agricultural improvement) 2018. It remains a hot topic across the nation even after 4 years of enactment. Due to its euphoric effects and similar properties to marijuana, this compound has been a blessing for people seeking relaxation or pain relief without getting high. Or, experiencing any extreme effects, like paranoia or anxiety. 

Authorities have been thinking about its legalization in their states and assessing the benefits it can offer citizens. Along with whether there are sufficient laws to regulate its use, given its psychoactive properties similar to Delta 9 THC. That’s the reason that over 19 states have either restricted, regulated or banned Delta-8 THC, and 4 are still considering their decision. Delta-8 THC is defined as one of the 100 cannabinoids in the cannabis Sativa plant. It is an isomer of Delta-9 THC but is a slightly altered molecular structure that occurs in very small amounts compared to other cannabinoids. 

So New Mexico residents, this article is a must-read if you are thinking of consuming, selling, or manufacturing Delta-8 THC or its products, or growing hemp.

Let’s see what the law says about Delta-8 THC in New Mexico.

Is Delta-8 THC Legal in New Mexico?

The use of Delta-8 THC is now legal in New Mexico. As stated in the New Mexico hemp manufacturing act, hemp with a THC concentration of less than 0.3% is legal in the state. 

In Farm Bill 2018, section 12619 removed hemp from the definition of marijuana under the controlled substance act, thus no longer being considered a controlled substance, thereby legalizing the production of hemp and hemp seeds. 

The bill defines industrial hemp(the compound from which Delta-8 is derived) as cannabis Sativa plants and their parts, including the seeds thereof, and the extracts, isomers, derivatives, cannabinoids, salts, acids, and salts of isomers. Regardless of whether they are growing or not, with less than 0.3% Delta-9 THC concentration (on a dry weight basis). Any concentration more than this will be considered marijuana. 

Aside from legalization, states were required to set up a state hemp program, which must be approved by the U.S department of agriculture. That will be responsible for the regulation and monitoring of the production of hemp. Including maintaining information of the location, coordinates of the land it is grown, its harvesting, and most importantly, its THC concentration. In states that have legalized hemp but have not implemented a hemp program, the USDA must develop a federal licensing scheme for those states. 

Despite these moves, there were a lot of loopholes and unanswered questions that were important to make sure that this compound stays in good hands. 

Further, New Mexico has aligned its laws with the farm bill. In 2019, Governor Lujan Grisham announced the introduction of the hemp manufacturing act to broaden the industrial and commercial use of hemp and help new Mexico manufacturers and farmers who want to produce hemp and hemp products for commercial use. House Bill 581 was proposed by Representative Derrick Lente. He introduced it as a first-of-its-kind regulatory structure for the hemp manufacturing industry. 

Since Delta-8 was legalized, it has been subject to controversy. Neither the federal nor state laws mentioned Delta-8 THC ever in their bill or state hemp programs. People assumed that this compound is legalized, which resulted in the birth of an unregulated hemp market, whether producing, selling or manufacturing, people were blindly taking unfair advantage of it. One of the crucial elements was how people started to produce hemp via isomerization, which turned CBD into Delta-8 THC. Delta-8 THC naturally occurs in hemp in relatively small quantities. Still, after the Farm Bill was passed, its demand shot up. Therefore manufacturers sought to satisfy the increased demand by utilizing this method.

A few months later, the drug enforcement administration(DEA) released an interim rule stating that “synthetically-derived THC” remains in the list of a synthetically controlled substances. However, they didn’t clarify what “synthetic” or “synthetically-derived THC” will mean.

Delta-8 THC: Natural or Synthetic

Delta-8 THC is a naturally occurring substance in the hemp and marijuana plant, two varieties of cannabis Sativa plant. Additionally, there is no fixed benchmark to observe that the product will be considered natural if achieved.

Furthermore, please note that only hemp-derived Delta-8 THC is legal under federal and state law. 

Possession Limit of Delta-8 THC in New Mexico

There is no possession limit for Delta-8 THC since it is a legal substance. Additionally, neither the hemp manufacturing act nor the farm bill mentions its possession limit.

Age Restrictions to Buy Delta-8 THC Products

There are no federal regulations related to the minimum age of consuming Delta-8 THC like possession limits. However, many states have set the age limit to 21. Therefore, retailers might ask you about your age and sell you a product only if you are 21 years old or older. 

Purchasing Delta 8 THC in New Mexico

Delta-8 THC products are widely available online as well as offline. Offline you can find these products at the gas station, dispensaries, vape shops, authorized stores, and head shops. It is advised that you buy it from authorized stores and only after inquiring about the hemp source, testing, and labeling requirement. 

For online, you can buy it from renowned brands that put together detailed information about the products like 3Chi, Diamond CBD, Exhale, Secret nature, Just delta 8. It is advised that you buy through online mode as they give you the right prices, variety, shipping, and packaging services. 

Delta-8 THC Products in New Mexico

Delta 8 comes with various products, including gummies, cartridges, cookies, vape liquids, tinctures, edibles, distillates or oils, spray bottles, flowers, etc. 

Note: Since these products are new to the market, there is no information on how to consume them. It is generally recommended to take small amounts initially, depending on how you feel after consuming them.

Concentration of THC in Delta-8

Delta-8 THC concentrations vary from crop to crop. Still, to meet the legal requirements at the federal and state levels, the THC concentration has to be less than 0.3%. 

Legality of Delta-9 THC and Difference Between Delta-8 and Delta-9

Yes, Delta-9 is legal if the THC concentration is less than 0.3%. Coming to the difference, Delta-8 THC is milder and has a different molecular structure than Delta-9 THC. 

Consumption of Delta-8 THC

People think that since Delta-8 has milder effects, it will be safe to consume. However, this is not the case, as evidenced by the warning issued by the centers for diseases control and prevention and USDA in Sept 2021 regarding the potential health risks of using Delta-8 THC products. Moreover, according to the warning, Delta-8 THC products have not been evaluated or approved by the FDA. There have been adverse event reports involving Delta-8 products. In the reported cases of 22 patients, 14 were treated following ingestion, and 19 experienced events following ingestion. There has been little study done on the short-term and long-term effects of marijuana, and even less about its alternate cannabinoids. While THC in any form has never been shown to be fatal when ingested in high amounts, it can cause significant and terrifying side effects. With no set dosage for THC products, it’s important to remember that a little will go a very long way and keep your consumption to a comfortable level for your body. 

Frequently Asked Questions

Question: Is CBD Oil Legal in New Mexico?

Answer: Yes. Hemp-derived CBD oil is legalized in New Mexico. CBD is an intoxicating substance found in the second-highest concentration in the hemp plant. 

Question: Do you Need a Permit/license to Grow Hemp in New Mexico? 

Answer: Yes, you need a permit to grow hemp in New Mexico. As per the New Mexico hemp program, business owners are required to obtain permits to conduct their business lawfully. State hemp program issues different permits for people to have hemp warehouses, who manufacture, extract or process hemp in the state. Each permit costs $1,000 per year.

You need to fill out an application form, obtain permits as per the activities you will be conducting, ensure that you adhere to the Environment Department’s rules and regulations.

To obtain a hemp license, you must submit a valid application for either indoor hemp production (Continuous license) or outdoor hemp production. Along with supporting documentation including property owner information, a Geospatial location, and legal description of the hemp growing area, as well as a map and sketch of the hemp growing area.

It is followed by a background check, and anyone convicted of a felony within the past 10 years cannot obtain a license. 

About manufacturing, hemp products must obtain a certificate of analysis and a batch ID number from the approved Labs. Details should also include labeling, transport guidelines, and testing for hemp products. 

Question: What is Delta-10 THC? Is Delta-10 Legal?

Answer: Delta-10 THC is an isomer with a similar compound to Delta-8 THC that produces different effects upon consumption. In contrast, the former produces uplifting effects similar to that of Cannabis Sativa, the latter produces a calming euphoric effect. 

Yes, Delta-10 THC is legal as long as it contains an acceptable level of THC compound, i.e 0.3%. 

Question: Is Hemp Flower Legal in New Mexico?

Answer: Yes, hemp flower is legal to consume and grow in New Mexico. Hemp flower is high in demand and is being produced. Consumer demand for smokable hemp flowers has considerably increased, and entrepreneurs are rising to the occasion and producing boutique-quality flowers for the market.

Question: Is Medical Marijuana Legal in New Mexico?

Answer: New Mexico has legalized medical marijuana since 2007 with the passage of senate bill 523, also known as the Lynn and Erin compassionate use medical marijuana act. Patients with some qualifying medical conditions can use medical marijuana as per the act. People 21 years of age or above can possess up to 56 grams of flower, 800 milligrams of edibles, and 16 grams of concentrate. People are also allowed to grow 12 plants of marijuana without a permit. 

Question: Is Delta 8 Legal in All 50 States?

Answer: No, Delta 8 is currently legal in 30 states, out of which 4 states are currently reviewing their decisions of legalization of this compound. 

The Future of Delta 8 in New Mexico

New Mexico was the 1st state to pass laws recognizing medical marijuana and, similarly, to pass laws relating to Delta-8 THC. This shows the progressive nature of New Mexico towards the legalization of different important compounds. 

Consequently, while other countries are reconsidering their decision, Delta-8 will continue to exist in New Mexico for a while longer. The country, however, can go a step further with stricter regulations, such as adding age restrictions, stricter testing requirements, and mandatory dosage recommendations.

Further readings:

Delta 8 THC Georgia Legal Guide

Delta 8 THC Florida Legal Guide

Delta 8 THC Alabama Legal Guide

Delta 8 THC Indiana Legal Guide

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