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In New Mexico, CBD laws can be confusing as they may not always align with federal regulations set by the 2018 Farm Bill. Is CBD legal in New Mexico?
Yes, CBD is legal and widely accessible throughout the state, which is known for its strict industry regulations.
Whether you’re looking for CBD oil in New Mexico, CBD lotion, or wondering where to buy CBD oil in New Mexico, you can feel confident knowing that the state enforces rigorous standards to ensure consumer safety. Here’s what you need to know about 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?
Resources
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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
New Mexico established a stringent hemp pilot program in 2019, requiring individual licenses for all aspects of hemp production and sales, alongside strict testing and labeling practices for CBD products.
Here are the details:
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 New Mexico, while CBD should theoretically be accessible to all ages due to its popularity as a treatment for childhood illnesses, the legal age for purchasing CBD is often unclear.
There are no statewide laws, and vendors typically set their own age requirements, often aligning with the tobacco purchasing age of 21, though many brands allow those 18 and older to order legal CBD products online.
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.
Yes, anyone can buy CBD in New Mexico, as there are no minimum age requirements established by state law, although individual vendors may set their own age restrictions.
Yes, anyone over the age set by the dispensary (often 21, similar to tobacco laws) can buy from a dispensary in New Mexico, where both hemp and cannabis-derived CBD products are available.
CBD is still illegal in a few states, including Idaho, South Dakota, and Nebraska, as they have yet to adopt laws that align with federal regulations allowing hemp-derived CBD products.
While federal law permits traveling with CBD products that meet the 2018 Farm Bill requirements (less than 0.3% THC), you should check Mexico’s specific regulations on CBD, as they may differ from those in the U.S.
Yes, you can generally take CBD through airport security as long as it complies with federal regulations (less than 0.3% THC) and is legally purchased, but always check the specific airport policies and local laws.
Taking a CBD vape pen to Mexico can be risky, as the legality of CBD and its derivatives varies by country; it's best to research local laws before attempting to bring any CBD products into Mexico.
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