2021 Update:
No updates have been made to hemp- CBD laws in New Mexico.
On April 12, 2021, New Mexico Governor signed a bill into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal records.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on New Mexico Hemp Laws and the legality of CBD in New Mexico, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in New Mexico
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in New Mexico?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
New Mexico hemp laws largely follow suit with the FDA's CBD policy. New Mexico hemp laws regulate the farming of hemp and the manufacture of hemp products and CBD. While their language about labeling CBD isolate requires additional approvals, full spectrum CBD is legal and can be produced and sold in the state.
Is It Legal to Ship PCR Hemp Oil to New Mexico?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in New Mexico?
New Mexico hemp laws allow CBD and hemp products to be sold in stores and online.
Do you need a special license to purchase PCR Hemp Oil in New Mexico?
You don’t need a special license to purchase CBD hemp oil (all types) in New Mexico, only to grow, test, or sell products.
How Does New Mexico Legally Define Hemp?
'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;
Growing and Selling Hemp in New Mexico
New Mexico hemp growers and manufacturers must be registered and licensed with the state. The specific New Mexico hemp laws are explained in HB 581, which is not as detailed as some other state hemp laws. Hemp and CBD products must comply with New Mexico hemp laws:
- Products must contain no more than 0.3% THC
- The THC must be reported as “total THC”
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- Clear identity on the front display panel with CBD and Total THC content in the package (in milligrams)
- No statements that the hemp finished product contains no THC (prohibited unless otherwise approved)
- Batch coding system identifies the date and place of manufacture of each hemp product (clearly visible on the product label or affixed to the body of the container)
- No health, medical, or benefit claims on the label
- Must also meet FDA labeling requirements of 21 CFR 101
In addition to New Mexico state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
New Mexico state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
