Is CBD Oil Legal In New Mexico

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Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG The 2018 United States Farm Bill legalized industrial hemp cultivation with less than 0.3% tetrahydrocannabinol (THC).

Is CBD Oil Legal in New Mexico? (2022 CBD Laws)

As the state motto says, crescit eundo (it grows as it goes). It’s legal to grow industrial hemp in New Mexico, so that means CBD goes.

In other words, hemp-derived CBD that doesn’t exceed 0.3% THC is legal in New Mexico. And industrial hemp isn’t the only thing that’s good to grow in NM — adults are allowed to cultivate cannabis plants at home. They can also purchase marijuana (or high-THC CBD products) for recreational use.

Qualifying patients registered with the state’s medical cannabis program can buy marijuana-derived CBD at a dispensary, too. Under New Mexico law, Native American tribes determine their hemp regulations. So, CBD may or may not be legal on reservations.

New Mexico CBD Laws At A Glance

When it comes to CBD in New Mexico, here are the big points you need to know:

• It’s legal to buy hemp-derived CBD online and in stores.
• CBD laws may be different on Native American reservations.
• You need a license to cultivate, process, and distribute CBD products.
• New Mexico has a medical cannabis program open to patients age 18 and over with qualifying conditions.
• Recreational marijuana is legal with restrictions on how much cannabis you can possess (2 oz) and how many plants you can cultivate (six mature plants and six immature plants).

Is CBD Legal in New Mexico?

Though there was initial hesitation to legalize industrial hemp in the state, it’s now a well-oiled industry. New Mexico has thorough protocols for tracing hemp from seed to CBD product.

New Mexico has a pretty interesting cannabis history over the decades. (Fun fact: NM was the first state to legally recognize the medicinal value of marijuana.) Here are landmark laws they’ve passed along the way.

  • In the 1970s, a New Mexico resident and cancer patient named Lynn Pierson lobbied for his right to use marijuana. This led the Controlled Substances Therapeutic Research act to be drafted and approved by the FDA in 1978. As the first state legislation to recognize the medicinal value of cannabis in the US, it provided unprecedented legal access for hundreds of cancer patients. Their experiences were studied for medical research.
  • The Lynn and Erin Compassionate Use Act, Senate Bill 523 was signed into law in 2007. It legalized medical cannabis for patients who have a qualifying condition and doctor’s recommendation. It also appointed the New Mexico Department of Health to organize and implement the state’s medical cannabis program.
  • The NM legislature approved the legalization of industrial hemp in 2017 in three separate bills, but legalization was stalled when the governor vetoed them. The New Mexico Supreme Court eventually overturned the veto on Senate Bill 6 in 2018, legalizing industrial hemp. The bill defines industrial hemp as hemp that contains 0.3% or less THC. It also specifies that Native American tribes have the right to organize their own hemp regulations.
  • In 2019, New Mexico outlined regulations for the various aspects of hemp production through House Bill 581. It requires permits for engaging in the cultivation, extraction, processing, and production of hemp products. And, it requires that all hemp products be tested and traced throughout the supply chain.
  • New Mexico became the 18th state to legalize recreational cannabis through the Cannabis Regulation Act (House Bill 2) in 2021. Adults 21 and up can now purchase cannabis from licensed dispensaries or grow cannabis at home. Medical cannabis users can access cannabis through recreational dispensaries or grow their own, too.

Can You Buy CBD Products Legally In New Mexico?

New Mexico has given the green light to CBD. You’re free to buy and use federally-sanctioned CBD products here.

This also means residents in the Land of Enchantment can shop online or locally for their CBD items. The good news is — between physical stores and virtual markets — tons of CBD shopping options are available. Just be sure to find a trustworthy retailer.

Can You Buy CBD At Brick & Mortar Stores?

CBD seems to be everywhere these days. You may see it on the shelves of your nearest health and wellness stores, pharmacies, or other retailers in New Mexico. Which is awesome if you like to “look at products with your hands” or discuss them with (hopefully) knowledgeable staff. You really needn’t look elsewhere for your CBD products if you don’t want to.

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Qualifying patients can register with New Mexico’s Medical Cannabis Program to get medicinal CBD at state-licensed dispensaries.

Can You Buy CBD Online?

No need to stress if you’re looking for CBD in NM and don’t feel like hitting the local venues. Hemp-derived CBD oil with 0.0-0.3% THC can be legally mailed to the 50 states according to federal law. So, all you need to do is order your CBD online and stand vigil at your postbox. Pretty convenient and easy, yah?)

You can safely purchase CBD online from Pure Craft. If ya need some inspiration, these high-quality CBD products are filling up carts in your area:

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) .

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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) .

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.

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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.

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.

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