Located in the Southwestern United States, New Mexico is a mecca of white sand, jutting red rock formations, a bustling art scene and hemp-based CBD.
Following the federal legalization of hemp CBD, New Mexico quickly amended its state guidelines to legalize the cultivation, manufacture, distribution and sale of hemp-based CBD throughout the state, which is characterized by its low THC potency — less than 0.3% to be exact.
Conversely, marijuana-derived CBD — or, CBD that contains more than 0.3% THC — can only be purchased with a medical marijuana card within the state.
CBD Laws in New Mexico: What You Need to Know
Is CBD oil legal in New Mexico? Per New Mexico’s House Bill 581, which passed in 2019, hemp is legal within New Mexico’s state lines. More specifically, the legislation legalized the production, testing, research, manufacturing and transport of all hemp extracts and hemp products, including hemp-based CBD oil.
The law specifies the following:
- To harvest hemp for distribution and sale, growers must be licensed through the New Mexico Department of Agriculture.
- Transporters of hemp must also acquire a license through the department.
- Hemp manufacturers must obtain permits through the department.
- Manufacturers can only purchase hemp from growers with a license.
- Hemp testing laboratories must follow outlined procedures for analysis as set by the New Mexico Department of Agriculture.
- CBD-infused food and drink products like native CBD water are subject to the Food Service Sanitation Act and the New Mexico Food Act.
Each permit for cultivating, extracting and producing hemp products costs $1,000 a year. Without permits, transporting hemp is considered a petty misdemeanor, and the offender may need to pay a fine of up to $500.
The legislation also requires every hemp product to have a Certificate of Analysis (COA) from an accredited lab that accompanies in-store products and includes:
- Batch ID number
- Testing date
- Method of analysis
- Allowed signature
When buying hemp-derived CBD or marijuana-based CBD, there are no possession limits.
Is CBD Legal in New Mexico?
New Mexico has a long legislative history when it comes to the legalization of cannabis plants, such as marijuana and hemp. In 2007, the state introduced Senate Bill 523, which legalized high-quality marijuana-derived CBD for people experiencing medical problems. To buy these products, however, residents needed a physician-signed document that spoke to their medical needs and the relevance of marijuana CBD to their treatment plan.
Seven years later, the U.S. introduced the 2014 Farm Bill, which federally legalized the cultivation and transport of hemp — any cannabis plant containing 0.3% or less THC — for research purposes only. New Mexico introduced legislation to piggyback off this bill; however, it was vetoed by its governor at the time.
In 2017, the veto was overturned by the New Mexico Supreme Court, which legalized hemp under the 0.3% THC limit. The new law also stated that Native American tribes could create their own rules and regulations around hemp.
Then, in 2019, the aforementioned House Bill 581 came to be. The bill expanded the use of hemp beyond research. Today, hemp-derived CBD is legal for cultivation, transport and sale for people above the age of 18. Those looking to acquire marijuana-derived CBD, however, must have a medical marijuana card.
Can I Buy CBD in New Mexico?
Hemp-derived CBD products, like oils, topicals and edibles, are widely available for purchase across the state of New Mexico without a permit or medical card. Namely, they can be found at smoke and vape shops, health food shops, pharmacies and convenience stores, like Walgreens.
To purchase medical marijuana-derived CBD, however, you must have a medical card. These types of products can only be sold by licensed dispensaries. If these dispensaries sell medical-grade marijuana products to people without medical cards, they’re subject to criminal penalties.
Can I Buy CBD Online?
Various online retailers sell hemp-derived CBD products, which can legally be shipped to every state in the country. However, the same is not true for marijuana-derived CBD since the cultivation, distribution and sale of marijuana is not federally legal.
To find a reputable online retailer, like Zebra CBD, do your research. Ensure that the products come with a COA to detail the ingredients within the products and the potency of present cannabinoids. This document will also verify that the products do not contain harmful contaminants like pesticides, herbicides and heavy metals.
Typically, online retailers require buyers to be at least 18 years of age. However, this will greatly depend on the company.
Can I Buy CBD at a Dispensary?
It’s likely that you’ll find both hemp-derived CBD and marijuana-derived CBD at licensed dispensaries throughout New Mexico.
If you have a medical marijuana card, you’ll need to present it to a staff member before purchasing marijuana CBD. Conversely, you won’t need a card to purchase hemp CBD — anyone over the age of 18 can walk into a dispensary and purchase hemp extracts and products.
Legal Status of CBD in New Mexico
Is CBD illegal in New Mexico? No, CBD is legal in the state of New Mexico. However, to purchase hemp-derived CBD, you must be over the age of 18. To purchase marijuana-derived CBD, you must possess a medical marijuana card that’s approved by a physician.
That said, cannabis legislation is constantly evolving and subject to change. To stay informed about your state’s CBD laws, visit your state website for the most up-to-date information.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in New Mexico?
Yes, CBD products are legal in New Mexico when sold by licensed cannabis retailers.
2. How old do you have to be to buy CBD in New Mexico?
You must be over the age of 18 to purchase hemp-derived CBD in New Mexico. To purchase marijuana-derived CBD, you must also have a medical marijuana card.
3. Can I sell CBD products in New Mexico?
Licensed cannabis retailers can sell CBD products that have undergone state-required testing and screening for cannabinoid potency and toxin levels.
4. Can you ship CBD to Mexico?
You can ship CBD to Mexico, but it must fulfill Mexican regulations in terms of potency.
Source:
New Mexico Cannabis Information. Is CBD Oil Legal In New Mexico? https://newmexicostatecannabis.org/cbd
State of New Mexico. HOUSE BILL 581. https://www.nmlegis.gov/Sessions/19%20Regular/bills/house/HB0581.pdf
