Is Delta-8 THC Legal in New Mexico?

Yes, Delta-8 is LEGAL in New Mexico

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What is Delta-8 THC?

Delta-8 THC is a type of cannabinoid found in cannabis plants that has been shown to have anti-inflammatory effects, making it an alternative for people who are allergic or sensitive towards traditional painkillers. But before you try this chemical substance with no understanding what the side effects may be like, make sure you know exactly what delta-8 THC really means and how it might affect your health!

What is the Difference Between CBD and Delta-8 THC?

You may want to know the difference between delta-8, delta-9, and CBD. Delta-8 isn't as potent or intoxicating like delta-9 THC found in marijuana but it still has an effect on your body when consumed. On the contrary though is CBD which doesn’t have any type of high feeling associated at all due to being non-psychoactive.

How is Delta-8 THC Related to Cannabis and Hemp? 

There are many different types of cannabis, but the main difference is in concentration. The three species that comprise it-Cannabis sativa Cannabis indica and Cannabis ruderalis each have their own unique varieties with varying potencies depending on how much THC or CBD they contain.

The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that these new drugs are now available in most states, even if marijuana is still illegal; however many states have begun creating frameworks and regulations for the legality of this specific type of drug.

Why are Some States Banning Delta-8 THC?

The answer is a bit complicated, but it boils down to the psychoactive compounds of cannabis being illegal in others and competition for fledgling marijuana businesses. Until there's an official regulatory framework governing these products altogether, many other states will continue their ban on it as well.

The Farm Bill has officially legalized hemp-derived products containing small amounts of THC. As such, there was a legal loophole created when it comes to delta-8 THC. This means that delta-8 THC products are now available to consumers in most states, even if marijuana is still illegal. However, many states are beginning to create a legislative and regulatory framework to address the legality of delta-8 specifically.  

As of 5/2021, delta-8 THC is LEGAL in New Mexico under HEMP FINAL RULE – 20.10.2. 

The law reads as follows:

NMAC HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING

20.10.2.7 DEFINITIONS

H. “Cannabis sativa L.” means the plant cannabis sativa L. and any part of the plant, whether growing or not.

I. “CBD” means cannabidiol and is a cannabinoid and the primary non-psychoactive ingredient found in hemp.

O. “Hemp” means the plant cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.

P. “Hemp-derived material” means any material containing THC in any concentration derived from cannabis sativa L. through any activity authorized pursuant to the act.

R. “Hemp extract” means oil and extracts, including cannabidiol, cannabidiolic acid, and other identified and non-identified compounds derived from hemp.

U. “Hemp finished product” means a hemp product that is intended for retail sale and containing hemp or hemp extracts for human consumption, absorption, or inhalation that has a THC concentration of not more than three-tenths of one percent (0.30%).

Z. “Hemp products” means hemp, hemp-derived material, hemp extract, and hemp finished product.

XX. “THC” means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a post decarboxylation method and based on percentage dry weight.

With additional information addressed in CHAPTER 84 of HB 0851

30-31-2. DEFINITIONS. As used in the Controlled Substances Act:

M. “hemp” means the plant Cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9- tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis;

30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I:

E. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:

(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; or

(6) the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol; and

Buy Delta-8 THC Online 

We want to make sure that you have access to the best products on the market. This is why we offer an incredible assortment of delta-8 and CBD products, so there's something for everyone! It is the primary goal of the team at evan37 to simplify your life by helping you find what you need in one place.