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 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? Good news!

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.
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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.

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?

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:

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.

Key Takeaways

  • New Mexico legalized hemp production shortly after the 2014 Farm Bill was signed into law, and the state has slowly modified their hemp program over the last few years. Now, the state imposes strict regulations on manufacturers and producers that follow products all the way to vendors.
  • There’s no minimum legal age to buy CBD in New Mexico, and you can likely find CBD products all over the state.
  • The state allows CBD to be used in many ways, including in food, beverages, and dietary supplements.
  • Many regulations are in place, but vendors may not be required to offer this information to consumers. In order to ensure that the products you choose are safe and potent, you may consider shopping online. Many online CBD brands ship legal CBD products to New Mexico to buyers aged 18 and up.

Legal Concerns About CBD

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.

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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.

What are the CBD laws in New Mexico?

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.

Is full spectrum CBD legal in New Mexico?

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.”

Does New Mexico have a CBD possession limit?

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.

Can doctors prescribe CBD in New Mexico?

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.

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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.

Where to buy CBD in New Mexico?

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.

How old do you have to be to buy CBD in New Mexico?

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.

Is CBD legal in all 50 states?

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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