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Is CBD oil legal in New Mexico?

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Contents

  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

Is CBD oil legal in New Mexico? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New Mexico CBD laws

CBD oil in New Mexico [2021 Buyers Guide]

A majority of states in America now permit medical marijuana. A growing number of locations also allow adult-use cannabis. However, it is less clear-cut when it comes to CBD oil. Even states that have legalized recreational marijuana don’t necessarily have specific cannabidiol laws. The assumption is that because cannabis is legal, CBD is too by default.

This isn’t strictly true, and few locations offer clear guidance. This is why we have created guides to CBD oil laws in various states. Today, it is the turn of New Mexico. We look at whether the state tolerates CBD. First, however, let’s briefly outline its stance regarding cannabis.

What Are the Marijuana Laws in New Mexico?

New Mexico is one of the states in America with a medical marijuana program. Indeed, it has one of the nation’s oldest MMJ laws, after Governor Bill Richardson signed the bill into law in 2007. Interestingly, NM had the first medical cannabis law enacted by any American state in 1978. However, it only allowed MMJ via a federally-approved research program.

NM had the first medical cannabis law enacted by any American state in 1978.

In April 2019, Governor Lujan Grisham signed Senate Bill 323 into law. It decriminalized the possession of up to half an ounce of cannabis, which is now a petty misdemeanor. You will receive a fine of $50 for your first offense. SB 323 also made New Mexico the first state to decriminalize the possession of drug paraphernalia.

Qualifying conditions for medical cannabis in New Mexico include, but are not limited to:

  • Alzheimer’s disease
  • ALS
  • Cancer
  • Chronic pain
  • Crohn’s Disease
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Intractable nausea and vomiting
  • Parkinson’s disease
  • PTSD
  • Severe anorexia or cachexia
  • Sleep apnea
  • Spinal cord damage

What About Recreational Marijuana in New Mexico?

In March 2019, the state’s House of Representatives narrowly approved House Bill 356. It aimed to legalize adult-use cannabis in New Mexico. It even established a system of distribution. However, HB 356 died in the Senate.

Unperturbed, Governor Grisham continues to push legislation. She is strongly in favor of cannabis legalization and intends to make it a priority until it happens. It is important to note that Mexico is close to full legalization. It could end cannabis prohibition as early as April 2021.

If that happens, New Mexico will share a large border with a nation that allows recreational cannabis. In that case, NM will have to consider allowing adult-use cannabis strongly.

Is CBD Oil Permitted in New Mexico?

It all depends on where you get the CBD from. New Mexico has followed the lead of most states by legalizing the production of industrial hemp. It also allows the use of products derived from it. NM was one of the states that looked to legalize hemp after the 2014 U.S. Farm Bill. However, the Governor at the time, Susana Martinez, vetoed the bill.

The New Mexico Supreme Court overturned the veto in 2017, however. The state legislature moved forward and ruled that hemp with a maximum of 0.3% THC is permitted for cultivation. This was over a year before the 2018 Farm Bill made hemp with no more than 0.3% THC federally legal to cultivate.

Technically, the latest iteration of the Farm Bill did not make CBD federally legal. However, most states tolerate CBD use even if they don’t have specific laws legalizing it.

The complete guide…

In March 2019, New Mexico lawmakers passed HB 581 into law. It legalized hemp and started creating a framework for its cultivation, testing, transport, and processing.

Therefore, you are likely on safe ground by purchasing CBD oil from hemp with a maximum of 0.3% THC. However, it is a different story with CBD derived from marijuana. At present, you require a New Mexico MMJ card to purchase it. In February 2020, Governor Lujan signed SB 139 into law. It limited the use of MMJ cards to residents of the state only. Therefore, visitors to the state shouldn’t try to buy CBD oil from cannabis.

Industrial Hemp in New Mexico

It was only with the advent of HB 581 that the industrial hemp industry in New Mexico could begin in earnest. While the CBD industry remains unregulated, the hemp sector offers protection for farmers and consumers.

HB 581 only allows hemp with a maximum THC content of 0.3% by dry weight. To cultivate hemp legally in the state, you need to get a license from the New Mexico Department of Agriculture (NMDA). Next, farmers must pay at least $800 per annum in production fees, along with another $6 per acre. They can choose between growing from seeds or clones.

All hemp plants are tested to ensure they meet NMDA guidelines. For instance, products with more than 0.3% THC are destroyed. Furthermore, all hemp grown in New Mexico requires testing for the following:

  • Heavy metals
  • Residual solvents
  • CBD dry weight content
  • Pesticide residue
  • THC concentration and percentage
  • Microbial organisms, yeast, and mold

CBD products from hemp must include labels with a QR code that directs to the product’s certificate of analysis. Labels must also state the product’s expiry date, CBD content, and date of manufacture.

Where to Buy CBD Oil in New Mexico

It is possible to purchase CBD oil from hemp in various forms. This includes vaporizers, edibles, tinctures, topicals, and much more. The strict hemp cultivation rules in New Mexico provide tremendous peace of mind to consumers.

However, residents should note that products sold in New Mexico must come from a local company or manufacturer. This means you can only buy CBD from locally-produced hemp in physical stores. You may also be asked to produce an ID to prove you are at least 18 years of age.

Products sold in New Mexico must come from a local company or manufacturer.

The ‘buy local’ rule came into play in June 2018. At that time, state authorities issued a letter to all licensed medical dispensaries. The letter said that stores had to stop selling CBD products that were not grown or manufactured within state lines. The letter caused outrage among dispensary owners, as non-licensed storefronts received no such warning. It isn’t clear whether non-licensed dispensaries are still allowed to sell CBD from outside of the state.

You can also purchase CBD oil online. This practice helps you avoid the necessity of buying CBD from NM grown hemp. However, whatever brand you purchase from, make sure they adhere to what New Mexico law requires. This will help protect you and ensure you don’t buy low-grade products.

Final Thoughts on CBD Oil in New Mexico

New Mexico is a relatively friendly state when it comes to the use of cannabis and CBD oil. However, you still need to be a qualified medical marijuana patient to use cannabis in New Mexico legally.

As far as CBD is concerned, adults aged 18+ should have no issues in buying CBD edibles, tinctures, and other products. That is, as long as the CBD comes from hemp. It isn’t completely clear whether licensed dispensaries alone can only sell CBD from New Mexico grown hemp.

What we can tell you is that New Mexico has a strictly regulated hemp cultivation program. If you buy CBD from hemp grown in the state, you can rest assured that what you get is high-quality. If purchasing CBD online, make sure the brand meets similarly high standards to what New Mexico law mandates.

Seeking CBD oil in New Mexico? Learn where to find it and why it has become a go-to supplement for thousands of residents.