Is CBD Oil Legal In New Mexico

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The 2018 United States Farm Bill legalized industrial hemp cultivation with less than 0.3% tetrahydrocannabinol (THC). Seeking CBD oil in New Mexico? Learn where to find it and why it has become a go-to supplement for thousands of residents.

Is CBD Legal In New Mexico? – August 2022

The US Farm Bill officially excludes industrial hemp containing 0.3% or less THC from being categorized as a marijuana product under the Controlled Substances Ac t (6) .

Thus, hemp products , such as CBD oil, containing less than 0.3% THC , may be legally sold in all 50 states.

Still, state laws may or may not align with federal law .

Cannabidiol (CBD) oil is a product developed from industrial hemp . In the United States, CBD oil products are produced commercially using cultivars approved by the United States Department of Agriculture.

The 2018 United States Farm Bill allows farmers to grow industrial hemp plants containing 0.3% or less tetrahydrocannabinol ( THC ), the compound that causes psychoactive effects (7) .

CBD companies must comply with certain restrictions imposed by the US Food and Drug Administration ( FDA ). Commercially-produced CBD products are prohibited from being marketed as dietary supplements or pharmaceutical drugs (8) .

CBD companies are also prohibited from making any health claims. Furthermore, the FDA forbids manufacturers from adding CBD into food and beverages (9) .

The legalization of industrial hemp does not cover all CBD products . According to the Drugs Enforcement Administration, CBD products exceeding 0.3% THC are classified as a Schedule I controlled substance (10) .

New Mexico CBD Laws

House Bill 581, signed by Governor Michelle Lujan Grisham on April 1, 2019, aligned New Mexico laws with the federal government regulations (11) .

The State of New Mexico legalized the local cultivation of hemp and the production of hemp-derived finished products, such as CBD oil (12) . These CBD oil products must contain less than 0.3% THC .

House Bill 581 requires farmers to use cultivars approved by the New Mexico Department of Agriculture. These cultivars are developed and bred to produce industrial hemp containing 0.3% or less THC (13) .

Meanwhile, FDA -approved drugs containing CBD or other cannabinoids require a prescription from a licensed physician (14) .

In terms of labeling, the state requires manufacturers to follow the provisions of the New Mexico Food Act and Food Service and Sanitation Act (15) .

However, this provision does not necessarily allow CBD products to be added to food or beverage products.

According to the New Mexico Environment Department (NMED), state food regulations adopted the FDA ’s Food Code (16) . The 2017 Food Code is the latest published edition, and its regulations are renewed every four years.

The FDA’s Food Code prohibits manufacturers and other food establishments from using unapproved food additives (17) .

Since there is only one FDA-approved CBD product (Epidiolex), it is currently illegal to add CBD to food products (18) .

For more information regarding CBD labeling requirements, individuals may contact the New Mexico Environment Department or visit their official website (www.env.nm. gov ).

New Mexico Medical Marijuana Program

New Mexico currently has a medical marijuana program that accommodates citizens with qualifying conditions.

In 2007, Senate Bill 523, also known as the Lynn and Erin Compassionate Use Act , was introduced to enable individuals with debilitating conditions to benefit from medical marijuana (19) .

CBD products derived from marijuana are not covered by the Hemp Farming Act and are considered a Schedule I controlled substance.

Marijuana-derived CBD oil requires a diagnosis and a written certification from a licensed practitioner, indicating that an individual has the qualifying medical condition (20) .

New Mexico citizens age 18 and over with the following medical conditions are eligible to apply for New Mexico ’s medical cannabis program (21) :

  • Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism Spectrum Disorder
  • Cancer
  • Crohn’s Disease
  • Huntington’s disease
  • Glaucoma
  • Multiple Sclerosis
  • Painful Peripheral Neuropathy
  • Parkinson’s disease
  • Post-Traumatic Stress Disorder
  • Severe Chronic Pain
  • Spinal Muscular Atrophy
  • Ulcerative Colitis

Additionally, citizens with a state-issued medical marijuana card may possess up to eight ounces of cannabis-derived CBD oil (22) .

Individuals in possession of cannabis without a medical marijuana card may be charged with a petty misdemeanor and is subject to a $50 to $100 fine (23) .

On February 20, 2020, Governor Michelle Lujan Grisham signed Senate Bill 139, limiting the medical marijuana cards to citizens (24) .

Thus, dispensaries are prohibited from selling marijuana to visitors, even when they have a medical marijuana card from other states.

*Individuals may refer to the New Mexico Department of Health for a complete list of the qualifying conditions.

CBD Licensing Requirements

Before harvest, licensed hemp farmers must submit a crop sample for testing in state-approved laboratories. After the laboratory has verified the sample’s legal THC content, a harvest certificate is issued by the Department of Agriculture (25) .

Hemp manufacturers in New Mexico must purchase only industrial hemp that comes with a harvest certificate.

Manufacturing hemp-derived products require a permit from the New Mexico Environmental Department. The license application fee is $1,000 (26) .

Meanwhile, selling pre-packaged CBD products created by licensed manufacturers do not require a special permit (27) .

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When transporting hemp products in the state, the person responsible must present a harvest certificate or a manifest recognized by the state’s Hemp Farming Act .

Transporting hemp-derived products without a harvest certificate or a manifest may be subject to a $500 fine and a misdemeanor charge (28) .

Individuals possessing more than eight ounces of hemp may be apprehended by a law enforcement agency (29) .

Transporting hemp products in small amounts for lab testing or research does not require a hemp certificate.

However, the transporter must represent a licensed hemp facility and provide information, such as batch or lot identification, item description, origin and destination, total volume, and weight (30) .

Testing Requirements

Hemp-derived products must be submitted to a state-approved laboratory for testing. The certificate of analysis (COA) presented by the lab must contain batch code, method of analysis, testing date, and authorized signature.

The COA must be presented to CBD distributors and retailers before they may legally purchase the manufacturer’s products.

Buying CBD Legally

Although strict regulations are in place to protect New Mexico residents from consuming unsafe CBD products , this does not guarantee that illegal CBD products do not make it into the state.

Before buying CBD oil , consumers must always check the product’s certificate of analysis.

As per manufacturing regulations, all hemp-derived CBD products are required to have a COA. Any product without a COA in New Mexico is not recommended for purchase.

The COA provides consumers information on products’ consistency and purity. Furthermore, the COA helps determine if the CBD oil is free from harmful chemicals, heavy metals, and toxic substances.

Consumers must also consider the hemp source. New Mexico law requires manufacturers to buy hemp from local growers with harvest certificates.

State laws allow local manufacturers to use out-of-state hemp or hemp extracts if the grower is registered with the New Mexico Environment Department (NMED) (31) .

Consumers must buy CBD products only from New Mexico -based CBD manufacturers (32) .

How to Choose Which CBD Products to Buy

When looking for high- quality products , individuals may start by checking the brand’s accreditations and ratings.

Individuals may check the CBD company’s Better Business Bureau status, customer feedback , and product line up.

The Better Business Bureau rates companies according to trustworthiness, customer service, and ethical business practices. The organization also provides an avenue for customers to file complaints and express their opinions (33) .

Meanwhile, the US Hemp Authority also helps customers determine which brands have ethical business practices. The agency audits CBD brands and companies.

The companies applying for the US Hemp Authority stamp are briefed regarding quality management systems, federal regulations, current good manufacturing practices, and ISO standards.

CBD companies that want to obtain the US Hemp Authority seal of approval should pass audits on their business practices, product quality, and truthful labeling (34) .

Where to Buy the Best CBD Products Legally

Due to the state’s compliance with FDA regulations, it is recommended that consumers opt for CBD products not intended for eating or drinking (35) .

Consumers may choose CBD tinctures, CBD oils, CBD topicals, and CBD vape pens.

CBD tinctures may be consumed sublingually (under the tongue), while CBD oils and lotions may be applied topically. CBD may also be inhaled using vape pens and vape oils.

Individuals may find CBD oil in local CBD shops, vape shops , and wellness stores in Las Cruces , Rio Rancho, Albuquerque, and other major cities.

Shoppers who live in areas where CBD is unavailable may order from the brand’s official website or online retailers based in New Mexico.

Shoppers may also refer to CBD review websites to find CBD products with good ratings.

When shopping for CBD products , consumers must make sure the products come from state-approved manufacturers.

According to the New Mexico Environment Department, the following CBD manufacturers are r egulation-compliant and state-approved (36) :

Facility Name City
AuraVir Albuquerque
Aromaland Albuquerque
Bryan’s Green Care Hobbs
CBDJay Manufacture Lab Santa Fe
Chilmark Labs, Inc. Albuquerque
Eagle Moon Hemp Deming
Elevated HC, LLC Albuquerque
Ex4Hemp Deming
Family Hemp Brands Santa Fe
FarmCo Albuquerque
Fathom NM Albuquerque
Hemp Factory Albuquerque
High Grade Hemp Santa Fe
Medinatura Inc. Albuquerque
Mountaintop Wellness Albuquerque
PennEz Alamogordo
Rezolex LTD. Co. Radium Springs
Replenish Wellness Albuquerque
RGHC Packaging and Distribution Albuquerque
Sacred Wellness Santa Fe
Sandia Botanicals Albuquerque
Three Hundred and Sixty Ventures LLC Albuquerque
The Burning Bush Albuquerque
Ultra Health Bernalillo
Verve Botanicals, LLC Moriarty

What Is CBD Oil?

CBD oil is a product that contains phytocannabinoids, with CBD being the primary ingredient. Phytocannabinoids are compounds found in hemp and marijuana.

Full-spectrum CBD oil contains all the cannabinoids , terpenes, flavonoids, and minerals found in hemp plants .

The high concentration of these compounds produces a synergy called the “entourage effect,” maximizing the health benefits of hemp (37) .

Broad-spectrum CBD oil has a CBD content blended with other cannabinoids , except for THC . Lastly, CBD isolate, containing pure CBD, is recommended for individuals who want to take CBD as a monotherapy.

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Manufacturers develop CBD products by extracting the compounds using various methods. Some methods may involve solvents , carbon dioxide (CO 2 ), pressure, or heat.

The hemp extracts are suspended in carrier oils, such as hemp oil or medium-chain triglycerides (MCT) oil , infused into vape oils, or mixed in topical products.

What is the Difference between CBD and THC?

CBD is abundant in hemp plants. Hemp contains 0.3 percent THC or less, which makes it non-psychoactive.

Meanwhile, the higher THC concentration in marijuana plants produces psychoactive effects.

How Does CBD Work?

CBD works by interacting with the endocannabinoid system (ECS), a cell-signaling system consisting of cannabinoid receptors. These receptors influence internal processes in the body and maintain homeostasis.

The effects of CBD in the ECS have been studied and evaluated for many years. Scientists hypothesized that CBD might influence ECS receptors and produce anti-inflammatory and anxiolytic (anti-anxiety) responses (38) .

Currently, scientists are also analyzing how the potential benefits of CBD may be applied to various medical conditions .

Studies have also found that CBD may help with several health issues, such as chronic pain , epilepsy , anxiety, insomnia, and arthritis (39) .

How Does One Read Product Labels?

It is recommended that one conducts a brief evaluation before buying a CBD product . Depending on the preference and health issues, individuals may choose products according to the type of oil, concentration, and forms.

First-time CBD users must opt for products with lower concentrations. Meanwhile, individuals who want to take all the benefits from cannabinoids may opt for full-spectrum CBD oil .

Lastly, consumers must always check if the product has an updated COA. Some brands provide quick response (QR) codes, barcodes, or website links on the label.

The COA must contain batch code or ID code, extraction method, and date of testing.

When evaluating CBD products , consumers must consider the following:

  • Type of CBD oil ( full-spectrum , broad-spectrum, CBD isolate)
  • Concentration (milligrams per serving)
  • Batch code / ID code
  • Barcode, QR code, or URL link leading to COA
  • Manufacture and expiry date
  • Manufacturer or company (must be licensed in New Mexico )

Conclusion

Consumers must be knowledgeable about local regulations before they buy or use CBD products . In New Mexico , local state laws allow residents and visitors to possess hemp-derived CBD products containing less than 0.3%.

Legalized hemp-derived CBD products are developed by licensed manufacturers, compliant with state regulations and laws.

Under New Mexico’s medical marijuana program, residents with a qualifying medical condition may possess up to eight ounces of medical marijuana.

However, the latest legislation limits the issuance of medical marijuana cards to residents.

Although limiting CBD products to local manufacturers provides consumers with only a few brand options, state laws are imposed to protect people from untested CBD products .

Despite strict state regulations, consumers must remain vigilant and conduct their evaluations to know whether the product is safe, legal, and contains good quality CBD oil .

For more information on CBD’s legality in all 50 US states, click here.

*The information shared in this article was based on findings retrieved on November 10, 2020. Hemp and CBD laws in the state may change without notice.

CBD Oil in New Mexico [2022 Buyers Guide]

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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 has one of the oldest MMJ programs in the United States. Governor Bill Richardson signed Senate Bill 523 into law in 2007, thus legalizing medical marijuana. 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.

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
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Intractable nausea and vomiting
  • Parkinson’s disease
  • Severe anorexia or cachexia
  • Sleep apnea
  • Spinal cord damage
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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 continued to push legislation. In April 2021, she signed House Bill 2, the Cannabis Regulation Act, into law. It passed both the House and Senate during a special legislative session called by Grisham.

Recreational cannabis officially became legal for adults aged 21+ to possess on June 29, 2021. It is now possible to carry up to two ounces of marijuana on your person outdoors, with no possession limit indoors. Each adult can cultivate a maximum of six mature and six immature plants in a private residence. Retail sales will begin in April 2022.

One could argue that it is a necessary step since Mexico is close to legalizing marijuana. New Mexico will share a large border with a huge nation that allows recreational cannabis if that happens.

Now that adult-use marijuana is legal in New Mexico, surely the legality of CBD is straightforward?

Is CBD Oil Legal in New Mexico?

Yes! 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.

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 on safe ground by purchasing CBD oil from hemp with a maximum of 0.3% THC. Please note that law enforcement can still apprehend any individual possessing more than eight ounces of hemp.

However, it is a different story with CBD derived from marijuana. At present, you require a New Mexico MMJ card to purchase it, although this is set to change soon. 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 right now.

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 pay $1,000 to apply for a license from the New Mexico Department of Agriculture (NMDA).

The bill states that you need separate permits for cultivation, extraction, and manufacturing hemp products. Therefore, if you want to proceed with a vertically integrated operation, you must pay three fees.

NM hemp farmers also pay an annual $650 base registration fee for indoor growing and $750 for outdoor cultivation. They also pay $10 per variety grown, $6 per acre of production indoors, and $0.75 per 1,000 square feet of outdoor production. Farmers can choose between growing from seeds or clones.

All hemp plants are tested to ensure they meet NMDA guidelines. The state destroys products with more than 0.3% THC. 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.

How Old Do You Have to Be to Buy CBD in New Mexico?

If you’re looking to buy CBD in New Mexico under the industrial hemp pilot program, you must be 18+. Indeed, certain smoke and head shops that sell cannabidiol won’t let anyone under 21 enter the store, let alone buy CBD. If you want cannabidiol derived from cannabis, you must have an MMJ card for now. However, recreational marijuana sales will begin in April 2022.

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