Is CBD Legal in New Mexico?

Cannabis reforms in multiple states within the US are slowly changing over time. That being said, Is CBD legal in New Mexico

Qualifying patients who are registered under the State of New Mexico’s medical-marijuana program can own and consume marijuana-sourced CBD. New Mexico has made many efforts to legalize cannabis officially, but they still haven’t been successful in the recreational use legalization.

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New Mexico, following the footsteps of many other states, made the production of hemp and hemp-based products legal within the state. New Mexico followed the guidelines of the U.S. Farm Bill in 2014 and 2018.

The legalities of CBD oil was dealt with when New Mexico legalized the therapeutic use of cannabis products with less than 0.3% THC in 2018. This move left a good impact n people and local governments, and unlocked the door for regular CBD consumption across the state.

In New Mexico, different state agencies are responsible for 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 (proving that the hemp is actually hemp, and not marijuana – they look almost exactly the same), but there are no rules for product labeling and packaging in the state, yet.

That being said, a lot of companies are following the general guideline of placing scannable QR codes on products that link to lab reports which show the content of the CBD products.

cbd legal in new mexicoYou can see the scannable QR code here

What is CBD?

CBD is a non-intoxicating natural drug derived from Cannabis. CBD is the second most popular compound within cannabis – THC being the first. It offers potential health benefits such as: anti-inflammatory, analgesic, anti-seizure, neuro-protectant, pain-reliever, muscle relaxant, and an anxiety reliever.

Unlike THC, CBD has no psycho-active effects. That means the user will not experience any sort of ‘high’ at all when they use CBD products. This is because CBD must contain less than 0.3% of THC to be legal. That isn’t enough THC to make you feel high.

In the medical field, CBD is proving it’s efficacy. With almost every research project that is conducted, it strengthens the medical efficacy of CBD. CBD treats the patients in a more natural way than other harsh medications. There is also little to no side effects that come with CBD use.

If it’s such a wonderful compound, why is CBD illegal in some states? Good question.

Why is CBD Illegal in Some States?

First of all, CBD is widely considered safe because of the minimal quantity of THC and it’s potential benefits for human health.

2018 brought a revolution for hemp and hemp-derived products. The cultivation of hemp became federally legal with the Farm Bill update in 2018. A few of the cannabinoids in the Schedule 1 list got eliminated from the panel (like CBD) and became legal on the Federal level. However, that doesn’t mean all states have the same laws.

The Food and Drug Administration has the authority of regulating CBD product labeling, regulating health claims for CBD, and finding a correct usage and dosage of CBD for recreational and dietary purposes. That being said, the FDA still has not authorized CBD for use as a dietary supplement. That means, no one can make any claims to it’s medical efficacy – yet. In the summer of 2020, the FDA began sourcing out many different brands of CBD in an attempt to find the proper dosage as a dietary supplement. I suspect this means they will be approving CBD for use as a dietary supplement very soon.

Since it still isn’t approved as a dietary supplement, many companies are taking advantage of this. They will things like hemp-seed oil under the guise of CBD oil. They mislabel CBD content. For this reason, be sure you look for brands that have third party lab test results that are scannable via QR code on their products. DO NOT buy anything that is missing this.

CBD Laws in New Mexico

New Mexico is among those early states that worked to legalize industrial hemp growth after the U.S. Farm Bill 2014. Republican Governor Susana Martinez vetoed the bill, and then thee New Mexico Supreme court reversed that veto in 2017. 

Shortly after this, hemp containing 0.3% or a lesser amount of THC by dry weight became legal in New Mexico. The state government followed the federal rules in this concern about THC content. That means CBD is legal in New Mexico, as long as the CBD products are sourced from hemp.

Interesting fact: Native American tribes within the United States have the right to establish their own laws for hemp on their respective reservations.

The New Mexico legislators enacted House Bill 581 in March 2019 that legalized hemp and set up the rules for starting hemp production, testing, processing, and trade. The bill allows growers, processors, and manufacturers of hemp products to have separate permits for each activity. Each permit costs $1000 and remains active for one year.

The hemp, or hemp-derived product, must get an approved certificate of analysis from a state-approved laboratory with some specific information, including a batch I.D. number, testing date, method of research, and approved signature.

Also, the transportation of hemp-derived CBD products without possessing the harvest certificate is a felony. The individual or the company dealing with CBD for human use must follow the state’s food safety laws. These laws require the possession of a hemp transportation manifest.

CBD Possession Limits in New Mexico

New Mexico has not set any possession limits for hemp-derived CBD products. The State has limited marijuana possession to a small amount ( ~5 grams).

Where Do I Buy CBD Oil in Mexico?

CBD is legal in New Mexico. The residents of New Mexico can find CBD oil and products in different locations, including small pharmacies and health food stores. Hopefully, the New Mexican people will see more CBD friendly places as the licensing procedure will take a fly.

Online stores like New Phase Blends offer premium CBD products that can be shipped all over the United States for free.

Whoever you end up buying your CBD from, please make sure they are a trusted brand that sells legitimate CBD products.

Final Words | Is CBD Legal in New Mexico?

New Mexico has recently shown a smart move by improving the CBD laws in the State. The State will see a widespread further with the improvement in the licensing process and cultivation of hemp. CBD is completely legal in New Mexico, but here are some things to keep in mind before buying…

  • Make sure the CBD product is hemp derived. This will ensure the THC content is within the legal limits of 0.3% or less
  • Only buy from a reputable source that has third party lab results
  • Find out the best type of CBD product for your own needs (topical, drops, gummies, etc….)
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I hope this article helps you find some CBD products in New Mexico, and answers your question about the legalities of CBD within the state.

 

References

Hemp Grower: https://www.hempgrower.com/article/fda-report-congress-cbd-marketplace-july-products-mislabeled/
Medical News Today: https://www.medicalnewstoday.com/articles/327518
Northwest Medicine: https://www.nm.org/healthbeat/medical-advances/science-and-research/what-research-says-about-cbd-oil
State of New Mexico Hemp Program: https://www.env.nm.gov/hempprogram/hemp-program-faqs/
State of New Mexico Medical Marijuana Program: https://www.nmhealth.org/about/mcp/svcs/
Ultra Health: https://ultrahealth.com/2018/01/24/new-mexico-cannabis-program-finishes-2017-record-year-growth/
United States Department of Agriculture: https://www.ers.usda.gov/agricultural-act-of-2014-highlights-and-implications/

 

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