Is CBD oil legal in New Mexico?
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- What is CBD?
- Why is CBD sometimes illegal?
- New Mexico CBD laws
- Where to buy CBD in New Mexico
- How to read CBD labels and packaging
Yes. Hemp-derived CBD is legal in New Mexico, while marijuana-derived CBD is permitted for qualifying patients registered with the state’s medical marijuana program. Like many states, New Mexico has legalized the production of hemp and products derived from it, including cannabidiol (CBD), following suit with federal changes made under the U.S. Farm Bill in 2014 and 2018.
Three state agencies have been placed in charge of setting up 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 but hasn’t set up rules for labeling or disclosing that information on to consumers.
What is CBD?
CBD is a non-intoxicating cannabinoid found in the cannabis plant. It’s the second most abundant cannabinoid in cannabis behind THC, which does have intoxicating effects. Many people use CBD for its potential ability to reduce pain, inflammation, and anxiety, as well as a treatment to reduce or suppress seizures. It can be derived from either marijuana or hemp plants; the latter is legal in many countries because it contains negligible levels of THC.
CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps
As research remains ongoing, there is a growing body of evidence pointing to CBD’s potential efficacy in various medical applications.
Why is CBD sometimes illegal?
The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule 1, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction. The act prevented further research that may have shed light on beneficial uses for cannabis.
This broad classification was first changed following the passage of the 2014 Farm Bill, which recognized the difference between hemp, which contains less than 0.3% THC by weight, and marijuana, which contains more than 0.3% THC by weight and is still considered to be a Schedule 1 substance.
To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps
The 2018 Farm Bill officially removed hemp from the list of Controlled Substances, although marijuana is still illegal in states without adult-use legislation in place. Therefore, CBD derived from marijuana plants is still illegal, while CBD derived from hemp is legal as long as it contains less than 0.3% THC.
The 2018 Farm Bill also granted the U.S. Food and Drug Administration (FDA) the authority to regulate CBD labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to food and beverages, nor marketed as dietary supplements. While the FDA has begun a process of reevaluating that stance, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims and content that could be construed as medical advice about CBD.
While the Farm Bill did legalize hemp, the production and the sale of any product derived from it, including CBD, it is still highly regulated. The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products instead of waiting for final FDA rules.
New Mexico CBD laws
After the passage of the US 2014 Farm Bill, New Mexico was one of many states that moved to legalize industrial hemp production, but the bill was vetoed by Republican Gov. Susana Martinez. After that veto was overturned by the New Mexico Supreme Court in 2017, the Legislature moved forward and eventually prevailed, placing the legal standard for hemp at 0.3% or less THC by weight, following suit with the limit set by the federal government. The bill acknowledges the right of federally recognized Native American tribes to set up their own regulations for hemp.
In March 2019, New Mexico lawmakers passed HB 581, legalizing hemp and beginning the process of establishing regulations for its production, testing, transportation, and processing.
According to HB 581, individual permits are required for growing, extracting, and manufacturing hemp products, meaning a vertically integrated operation would need to obtain three separate permits, each of which cost $1,000 per year. A harvest certificate, obtained after testing by a state-licensed facility, and manifest are required to follow all products through the supply chain.
Furthermore, every hemp or hemp-derived product is required to have a certificate of analysis from an approved lab with a batch ID number, testing date, method of analysis, and authorized signature. The certificate must follow finished products to the retailer, but for direct-to-consumer sales, this requirement is optional and by the purchaser’s request. Transporting hemp-derived CBD without a harvest certificate is a petty misdemeanor with a fine of up to $500.
The law states that anyone processing or transporting CBD to be used for human consumption must comply with the state’s food safety laws. The oversight detailed in HB 581 stops once the product reachers the retailer, perhaps in deference to the FDA’s jurisdiction over CBD in food, cosmetics, and other consumer items.
New Mexico CBD possession limits
The state has not set any limits on possession of hemp-derived CBD for consumers.
Where to buy CBD in New Mexico
CBD products in New Mexico can be found in select Walgreens locations, as well as in smaller, local pharmacies and health food stores. More locations will likely begin to carry CBD products as the state works out its licensing process.
Shopping online is another option, as the U.S. Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products can usually be found online at the websites of specific brands, while an extensive list of reputable CBD products can be found on Weedmaps.
How to read CBD labels and packaging
The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t reached a final conclusion on regulating hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, the gap between regulated products and anything goes grows wider, leaving consumers at risk of buying poor-quality products. When buying CBD products, look for these on the label:
- Amount of active CBD per serving
- Supplement Fact panel, including other ingredients
- Net weight
- Manufacturer or distributor name
- Suggested use
- Full spectrum, broad spectrum, or isolate
- Batch or date code
Is CBD oil legal in New Mexico? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? New Mexico CBD laws
New Mexico Hemp Law
Hemp farming is legal in New Mexico
No hemp was grown in New Mexico last year
On this page you will find New Mexico hemp law along with a history of how New Mexico hemp bills have progressed through the State capitol over the years. We also provide links to important information concerning New Mexico hemp programs and state agency advisories or opinion letters. Our goal is to keep the public, media and policy makers informed on each states status concerning hemp law and policy.
New Mexico Hemp Resources
New Mexico Industrial Hemp Law & Legislation
RELATING TO AGRICULTURE; ENACTING A NEW SECTION OF CHAPTER 76 NMSA 1978 TO PROVIDE AUTHORIZATION FOR THE NEW MEXICO DEPARTMENT OF AGRICULTURE TO ADOPT RULES FOR RESEARCH ON INDUSTRIAL HEMP; PROVIDING FOR THE ESTABLISHMENT OF THE NEW MEXICO INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT FUND.
STATUS: Vetoed by Gov. Martinez but veto was overturned by New Mexico Supreme Court on September 28, 2017
An Act relating to the agriculture; providing for licensing the growing, selling and processing of industrial hemp; establishing fees; providing penalties; making
Relating to agriculture; enacting the agricultural hemp act; providing that industrial hemp and agriucltural hemp seeds are agricultural products; revising the definition of “marijuana” in the Controlled Substances Act; Declaring an emergency.
Relating to economic development; providing for licensing the growing, selling and processing of Santhica; establishing fees and revenues; providing for administrative monitoring. Introduced 1/13/12.
Read the text of HB 62 as introduced here (HTML).
Download the text of HB 62 as introduced here (PDF file 40k).
Relating to agriculture; providing for licensing the growing, selling and processing of industrial hemp; establishing fees; providing penalties; making an appropriation. Introduced 2/17/11.
Read the text of HB 565 as introduced here (HTML).
Download the text of HB 565 as introduced here (PDF file 56k).
Download the Final version of HB 565 HAGC Committee Substitute here (PDF file 36k).
A memorial requesting the New Mexico Department of Agriculture to investigate the feasibility of state incentives for commercialization of industrial hemp and that Congress be requested to acknowledge the difference between marijuana and industrial hemp and to clearly legalize the commercial production of industrial hemp. Companion bill to SM 30. Introduced 2/19/09. Passed the House by a vote of 44-23 on the 32nd Legislative Day.Signed on the 33rd Legislative Day.
Read the text of HM 47 here (HTML).
Download the text of HM 47 here (PDF file 48k).
Download the Final version of HM 47 here (PDF file 24k).
A memorial requesting the New Mexico Department of Agriculture to investigate the feasibility of state incentives for commercialization of industrial hemp and that Congress be requested to acknowledge the difference between marijuana and industrial hemp and to clearly legalize the commercial production of industrial hemp. Companion bill to HM 47. Introduced 2/16/09. Passed the Senate by a vote of 25-12 and Signed on the 47nd Legislative Day.
Read the text of SM 30 here (HTML).
Download the text of SM 30 here (PDF file 44k).
Download the Final version of SM 30 here (PDF file 32k).
Industrial Hemp Farming Act. An act relating to agriculture; providing for licensing the growing, selling and processing of Industrial Hemp; establishing fees; providing penalties; making an appropriation. Companion bill to SB 377. Introduced 1/28/09.
Read the text of HB 403 here (HTML).
Download the text of HB 403 here (PDF file 68k).
Industrial Hemp Farming Act. An act relating to agriculture; providing for licensing the growing, selling and processing of Industrial Hemp; establishing fees; providing penalties; making an appropriation. Companion bill to HB 403. Introduced 1/29/09.
Read the text of SB 377 here (HTML).
Download the text of SB 377 here (PDF file 68k).
A memorial requesting the New Mexico Department of Agriculture to study the viability of a legal hemp industry; urging Congress to recognize industrial hemp as a valuable agricultural commodity and to take certain other actions. Passed House 59-2 on 3/5/07. Signed 3/6/07. Official bill status abbreviations:  HAGC  DP/a  PASSED/H (59-2)  SGND.
Read the text of HM 49 here (HTML).
Read the text of HAGC Committee Report here (HTML).
Read the text of Fiscal Impact Report here (HTML).
Download the text of HM 49 as introduced here (PDF file 48k).
Download the text of HM 49 as enrolled here (PDF file 36k).
Died in committee.
Read the text of HB 350 here (HTML).
Download the text of HB 350 here (PDF file 29k).
Died in House committee.
Read the text of HB 582 here (HTML).
Download the text of HB 582 here (PDF file 22k).
Died in House committee.
Read the text of HB 583 here (HTML).
Download the text of HB 583 here (PDF file 6k).
Died in House committee.
Read the text of HB 388 here (HTML).
Download the text of HB 388 here (PDF file 6k).
Passed both houses, but vetoed by Gov. Johnson.
Read the text of HB 222 here (HTML).
Download the text of HB 222 here (PDF file 11k).
On this page you will find New Mexico hemp law along with a history of how New Mexico hemp bills have progressed through the State capitol over the years.