A majority of states in America now permit medical marijuana. A growing number of locations also allow adult-use cannabis. However, it is less clear-cut when it comes to CBD oil. Even states that have legalized recreational marijuana don’t necessarily have specific cannabidiol laws. The assumption is that because cannabis is legal, CBD is too by default.
This isn’t strictly true, and few locations offer clear guidance. This is why we have created guides to CBD oil laws in various states. Today, it is the turn of New Mexico. We look at whether the state tolerates CBD. First, however, let’s briefly outline its stance regarding cannabis.
What Are the Marijuana Laws in New Mexico?
New Mexico is one of the states in America with a medical marijuana program. Indeed, it has one of the nation’s oldest MMJ laws, after Governor Bill Richardson signed the bill into law in 2007. Interestingly, NM had the first medical cannabis law enacted by any American state in 1978. However, it only allowed MMJ via a federally-approved research program.
NM had the first medical cannabis law enacted by any American state in 1978.
In April 2019, Governor Lujan Grisham signed Senate Bill 323 into law. It decriminalized the possession of up to half an ounce of cannabis, which is now a petty misdemeanor. You will receive a fine of $50 for your first offense. SB 323 also made New Mexico the first state to decriminalize the possession of drug paraphernalia.
Qualifying conditions for medical cannabis in New Mexico include, but are not limited to:
- Alzheimer’s disease
- Chronic pain
- Crohn’s Disease
- Hepatitis C
- Intractable nausea and vomiting
- Parkinson’s disease
- Severe anorexia or cachexia
- Sleep apnea
- Spinal cord damage
What About Recreational Marijuana in New Mexico?
In March 2019, the state’s House of Representatives narrowly approved House Bill 356. It aimed to legalize adult-use cannabis in New Mexico. It even established a system of distribution. However, HB 356 died in the Senate.
Unperturbed, Governor Grisham continues to push legislation. She is strongly in favor of cannabis legalization and intends to make it a priority until it happens. It is important to note that Mexico is close to full legalization. It could end cannabis prohibition as early as April 2021.
If that happens, New Mexico will share a large border with a nation that allows recreational cannabis. In that case, NM will have to consider allowing adult-use cannabis strongly.
Is CBD Oil Permitted in New Mexico?
It all depends on where you get the CBD from. New Mexico has followed the lead of most states by legalizing the production of industrial hemp. It also allows the use of products derived from it. NM was one of the states that looked to legalize hemp after the 2014 U.S. Farm Bill. However, the Governor at the time, Susana Martinez, vetoed the bill.
The New Mexico Supreme Court overturned the veto in 2017, however. The state legislature moved forward and ruled that hemp with a maximum of 0.3% THC is permitted for cultivation. This was over a year before the 2018 Farm Bill made hemp with no more than 0.3% THC federally legal to cultivate.
Technically, the latest iteration of the Farm Bill did not make CBD federally legal. However, most states tolerate CBD use even if they don’t have specific laws legalizing it.
In March 2019, New Mexico lawmakers passed HB 581 into law. It legalized hemp and started creating a framework for its cultivation, testing, transport, and processing.
Therefore, you are likely on safe ground by purchasing CBD oil from hemp with a maximum of 0.3% THC. However, it is a different story with CBD derived from marijuana. At present, you require a New Mexico MMJ card to purchase it. In February 2020, Governor Lujan signed SB 139 into law. It limited the use of MMJ cards to residents of the state only. Therefore, visitors to the state shouldn’t try to buy CBD oil from cannabis.
Industrial Hemp in New Mexico
It was only with the advent of HB 581 that the industrial hemp industry in New Mexico could begin in earnest. While the CBD industry remains unregulated, the hemp sector offers protection for farmers and consumers.
HB 581 only allows hemp with a maximum THC content of 0.3% by dry weight. To cultivate hemp legally in the state, you need to get a license from the New Mexico Department of Agriculture (NMDA). Next, farmers must pay at least $800 per annum in production fees, along with another $6 per acre. They can choose between growing from seeds or clones.
All hemp plants are tested to ensure they meet NMDA guidelines. For instance, products with more than 0.3% THC are destroyed. Furthermore, all hemp grown in New Mexico requires testing for the following:
- Heavy metals
- Residual solvents
- CBD dry weight content
- Pesticide residue
- THC concentration and percentage
- Microbial organisms, yeast, and mold
CBD products from hemp must include labels with a QR code that directs to the product’s certificate of analysis. Labels must also state the product’s expiry date, CBD content, and date of manufacture.
Where to Buy CBD Oil in New Mexico
It is possible to purchase CBD oil from hemp in various forms. This includes vaporizers, edibles, tinctures, topicals, and much more. The strict hemp cultivation rules in New Mexico provide tremendous peace of mind to consumers.
However, residents should note that products sold in New Mexico must come from a local company or manufacturer. This means you can only buy CBD from locally-produced hemp in physical stores. You may also be asked to produce an ID to prove you are at least 18 years of age.
Products sold in New Mexico must come from a local company or manufacturer.
The ‘buy local’ rule came into play in June 2018. At that time, state authorities issued a letter to all licensed medical dispensaries. The letter said that stores had to stop selling CBD products that were not grown or manufactured within state lines. The letter caused outrage among dispensary owners, as non-licensed storefronts received no such warning. It isn’t clear whether non-licensed dispensaries are still allowed to sell CBD from outside of the state.
You can also purchase CBD oil online. This practice helps you avoid the necessity of buying CBD from NM grown hemp. However, whatever brand you purchase from, make sure they adhere to what New Mexico law requires. This will help protect you and ensure you don’t buy low-grade products.
Final Thoughts on CBD Oil in New Mexico
New Mexico is a relatively friendly state when it comes to the use of cannabis and CBD oil. However, you still need to be a qualified medical marijuana patient to use cannabis in New Mexico legally.
As far as CBD is concerned, adults aged 18+ should have no issues in buying CBD edibles, tinctures, and other products. That is, as long as the CBD comes from hemp. It isn’t completely clear whether licensed dispensaries alone can only sell CBD from New Mexico grown hemp.
What we can tell you is that New Mexico has a strictly regulated hemp cultivation program. If you buy CBD from hemp grown in the state, you can rest assured that what you get is high-quality. If purchasing CBD online, make sure the brand meets similarly high standards to what New Mexico law mandates.
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