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CBD laws vary across the country, and they don’t always line up with the federal laws declared by the 2018 Farm Bill. Thanks to these discrepancies, it’s hard to determine if the CBD near you is legal or even safe.
Is CBD legal in New Mexico, and if so, what laws does the state impose that affect consumers?
CBD is legal and easily accessible in the state, and New Mexico imposes some of the strictest industry regulations in the country. If that sounds counter-intuitive, allow us to break down the details of New Mexico CBD laws:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in New Mexico?
Is full spectrum CBD legal in New Mexico?
Does New Mexico have a CBD possession limit?
Can doctors prescribe CBD in New Mexico?
Where to buy CBD in New Mexico?
How old do you have to be to buy CBD in New Mexico?
Is CBD legal in all 50 states?
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
That’s not all—
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
Multiple attempts to legalize hemp in response to the 2014 Farm Bill were originally vetoed by New Mexico Governor Susana Martinez. However, the state's supreme court overturned the veto, eventually altering hemp legislation in 2017 to update the state's definition for hemp to match the federal definition--any cannabis material with less than 0.3% THC on a dry weight basis. This bill technically legalized hemp but made no provisions for growing, producing, or marketing hemp products in the state.
In 2019, following the 2018 Farm Bill, New Mexico finally passed HB 581. The new bill laid the groundwork for the state's hemp pilot program, similar to the plan laid out by other cannabis-friendly states, like Colorado and Oregon. New Mexico's hemp regulations exceed far beyond most states', placing some of the most stringent requirements in the nation on hemp manufacturers. Only a few other states, like Utah and Nevada, have adopted similarly strict regulations.
Growing, manufacturing, and selling hemp each requires an individual license to be granted by the state. The program also requires various testing and labeling practices for hemp products. For instance, CBD products marketed in the state cannot be labeled to suggest that they contain “no THC” or are “THC-free.”
Growers must obtain a harvest certificate and testing analysis for all hemp material, and the documentation must follow the hemp or products all the way to the vendor. However, there are no requirements to provide this information to the consumer.
New Mexico also allows the use of hemp-derived cannabinoids in foods and beverages, proving the products meet the requirements of the state's food safety laws. However, these protections only exist for manufacturers, and CBD vendors are subject to the rules laid out by the FDA.
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, New Mexico has no laws restricting full spectrum CBD products that contain 0.3% THC or less. The state does restrict products from being marketed as “THC-free.”
New Mexico doesn’t impose any CBD possession limits that affect consumers. Products that contain more than 0.3% THC are considered cannabis products and can only be accessed as part of the state’s medical cannabis program. These products may be subject to different possession laws.
You do not need a prescription to access hemp CBD products in New Mexico. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, like Ohio, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
New Mexico allows CBD to be sold at dispensaries and other stores so long as it is pre-packaged and the vendor is licensed and operating according to the state’s food safety laws. That means you may find CBD in many different stores across the state, but can’t buy it in already-prepared foods at restaurants and cannot consume it on site.
The state does require certain testing documents and harvest certifications to follow the hemp material from seed to sale, but this information doesn’t have to be given to the consumer. For this reason, you should be careful when buying CBD in New Mexico.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
Still, the legal age to buy CBD is unclear, often on both the state and federal level. Although there are no statewide laws in New Mexico that impact purchasing age, laws may vary by local jurisdiction, but generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it's possible that most CBD vendors will require buyers to meet this minimum age requirement as well.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to New Mexico.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in New Mexico, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
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