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 has one of the oldest MMJ programs in the United States. Governor Bill Richardson signed Senate Bill 523 into law in 2007, thus legalizing medical marijuana. 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.
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 continued to push legislation. In April 2021, she signed House Bill 2, the Cannabis Regulation Act, into law. It passed both the House and Senate during a special legislative session called by Grisham.
Recreational cannabis officially became legal for adults aged 21+ to possess on June 29, 2021. It is now possible to carry up to two ounces of marijuana on your person outdoors, with no possession limit indoors. Each adult can cultivate a maximum of six mature and six immature plants in a private residence. Retail sales will begin in April 2022.
One could argue that it is a necessary step since Mexico is close to legalizing marijuana. New Mexico will share a large border with a huge nation that allows recreational cannabis if that happens.
Now that adult-use marijuana is legal in New Mexico, surely the legality of CBD is straightforward?
Is CBD Oil Legal in New Mexico?
Yes! 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 on safe ground by purchasing CBD oil from hemp with a maximum of 0.3% THC. Please note that law enforcement can still apprehend any individual possessing more than eight ounces of hemp.
However, it is a different story with CBD derived from marijuana. At present, you require a New Mexico MMJ card to purchase it, although this is set to change soon. 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 right now.
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 pay $1,000 to apply for a license from the New Mexico Department of Agriculture (NMDA).
The bill states that you need separate permits for cultivation, extraction, and manufacturing hemp products. Therefore, if you want to proceed with a vertically integrated operation, you must pay three fees.
NM hemp farmers also pay an annual $650 base registration fee for indoor growing and $750 for outdoor cultivation. They also pay $10 per variety grown, $6 per acre of production indoors, and $0.75 per 1,000 square feet of outdoor production. Farmers can choose between growing from seeds or clones.
All hemp plants are tested to ensure they meet NMDA guidelines. The state destroys products with more than 0.3% THC. 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.
How Old Do You Have to Be to Buy CBD in New Mexico?
If you’re looking to buy CBD in New Mexico under the industrial hemp pilot program, you must be 18+. Indeed, certain smoke and head shops that sell cannabidiol won’t let anyone under 21 enter the store, let alone buy CBD. If you want cannabidiol derived from cannabis, you must have an MMJ card for now. However, recreational marijuana sales will begin in April 2022.
Buying CBD Oil Online in New Mexico
It is possible to purchase CBD oil from hemp in various forms. This includes vaporizers, 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 have to produce an ID to prove you are at least 18 years of age.
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 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 retailers like health food stores are still allowed to sell CBD from outside of the state.
Products sold in New Mexico must come from a local company or manufacturer.
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.
Please note that New Mexico law doesn’t necessarily allow stores to sell food or beverage products infused with CBD. Nonetheless, online merchants seem to have few problems sending products such as CBD gummies to New Mexico residents.
Top Places in NM to Purchase CBD Oil
As a general rule, you’ll find more from an online CBD retailer than any physical store. However, New Mexico has an extremely impressive array of stores due to its shop local policy. The best places to buy CBD in NM may surprise you with their selection. We have created a table outlining 10 of the best CBD oil shops in the state by location.
Name of Store
Bryan’s Green Care
2827 N Dal Paso St, Hobbs, NM 88240, United States
1271, 3296 Coors Blvd NW Suite B, Albuquerque, NM 87120, United States
Fruit of the Earth Organics
901 Early St, Santa Fe, NM 87505, United States
Nature’s Secret CBD and Oils
4400 Wyoming Blvd NE Suite B, Albuquerque, NM 87111, United States
Phillys Smoke Shop
1704 W 2nd St, Roswell, NM 88201, United States
Rio Grande Hemp Company
3621 Wyoming Blvd NE, Albuquerque, NM 87111, United States
1300 Luisa St #1, Santa Fe, NM 87505, United States
South West Vape
1128 S Solano Dr, Las Cruces, NM 88001, United States
The CBD Boutique
2501 Candelaria Rd NE Suite E, Albuquerque, NM 87112, United States
200 S Solano Dr #5, Las Cruces, NM 88001, United States
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. Until recently, only qualified medical marijuana patients could use cannabis in New Mexico legally. Now, the possession of recreational cannabis is legal if you’re aged 21+. Sales will begin in April 2022.
As far as CBD is concerned, adults aged 18+ should have no issues 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 are the only stores restricted to selling 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.