Delta-8 THC, AKA weed lite or Diet weed, is a compound that needs no introduction after the introduction of the 2018 Farm Bill (also known as Agricultural Improvement). Even after 4 years of promulgation, it is still a hot topic across the country. Because of its euphoric effects and cannabis-like properties, this compound is a blessing for anyone looking for relaxation or pain relief without getting high. Or, experience any extreme effects such as paranoia or anxiety.

Authorities have been considering its legalization in the country and assessing the benefits it could bring to citizens. Given its psychoactive properties similar to Delta 9 THC, and whether there are enough laws to regulate its use. That’s why more than 19 states have restricted, regulated or banned Delta-8 THC, 4 of which are still considering their decisions. Delta-8 THC is defined as one of the 100 cannabinoids in the cannabis sativa plant. It is an isomer of Delta-9 THC, but with a slightly altered molecular structure compared to other cannabinoids, it is present in very small amounts.

So New Mexico residents, if you are considering consuming, selling or manufacturing Delta-8 THC or its products, or growing hemp, this article is a must read.

Let’s see what the law says about Delta-8 THC in New Mexico.

Is Delta-8 THC legal in New Mexico?

The use of Delta-8 THC is now legal in New Mexico. As stated in the New Mexico Cannabis Manufacture Act, marijuana with a THC concentration of less than 0.3% is legal in the state.

In the 2018 Farm Bill, Section 12619 legalized the production of hemp and hemp seeds by removing hemp from the definition of hemp under the Controlled Substances Act, so it is no longer considered a controlled substance.

The Act defines industrial hemp (the compound from which Delta-8 is derived) as the cannabis sativa plant and parts thereof, including its seeds, and isomeric extracts, isomers, derivatives, cannabinoids, salts, acids, and salts. Delta-9 THC concentrations were below 0.3% (by dry weight) whether they were growing or not. Any concentration above this would be considered marijuana.

In addition to legalization, states must establish a state hemp program, which must be approved by the U.S. Department of Agriculture. This will be responsible for regulating and monitoring the production of cannabis. This includes maintaining location information, the coordinates of the land where it was grown, harvesting, and most importantly, its THC concentration. In states that have legalized hemp but have not yet implemented a hemp program, the USDA must develop a federal licensing program for those states.

Despite these moves, there are still many loopholes and unresolved issues that are important to ensure that the compound is kept safe.

Additionally, New Mexico has aligned its laws with the Farm Bill. In 2019, Governor Lujan Grisham announced the Hemp Manufacturing Act to expand the industrial and commercial use of hemp and help New Mexico manufacturers and farmers who want to produce hemp and hemp products for commercial use. House Bill 581 was introduced by Representative Derrick Lente. He introduced it as a first-of-its-kind regulatory structure for cannabis manufacturing.

Delta-8 has been controversial since it was legalized. Neither federal nor state laws mention Delta-8 THC in their bills or state cannabis programs. The compound is believed to be legalized, which has led to the creation of an unregulated cannabis market where people are blindly exploiting it, whether it is produced, sold, or manufactured. One of the key elements is how people start producing hemp through isomerization, which turns CBD into Delta-8 THC. Delta-8 THC occurs naturally in cannabis in relatively small amounts. Still, its demand soared after the Farm Bill passed. Therefore, manufacturers try to meet the growing demand by taking advantage of this method.

A few months later, the U.S. Drug Enforcement Administration (DEA) issued an interim rule stating that “synthetically derived THC” remained on the list of synthetically controlled substances. However, they did not clarify what “synthetic” or “synthetically derived THC” meant.

Delta-8 THC: natural or synthetic

Delta 8 vape juice Delta 8 THC New Mexico Legal Guide

Delta-8 THC is a substance that occurs naturally in cannabis and cannabis plants, two varieties of the cannabis sativa plant. Furthermore, there is no fixed benchmark against which the product would be considered natural if realized.

Also, please note that only hemp-derived Delta-8 THC is legal under federal and state laws.

Possession Restrictions for Delta-8 THC in New Mexico

Delta-8 THC has no possession restrictions as it is a legal substance. Additionally, neither the Hemp Manufacturing Act nor the Farm Bill mention its possession limits.

Age restrictions for purchasing Delta-8 THC products

There are no federal regulations, such as possession restrictions, related to the minimum age to consume Delta-8 THC. However, many states set the age limit at 21. Therefore, retailers may ask your age and only sell you products if you are 21 or older.

Buy Delta 8 THC in New Mexico

Delta-8 THC products are widely available both online and offline. Offline you can find these products at gas stations, pharmacies, vape stores, authorized stores and main stores. It is recommended that you purchase from an authorized store after inquiring about cannabis sources, testing and labeling requirements.

For online, you can buy from well-known brands that have put together detailed information about products such as 3Chi, Diamond CBD, Exhale, Secret nature, Just delta 8. It is recommended that you buy through the online mode as they will provide you with the right price, variety, shipping and packaging services.

Delta-8 THC Products in New Mexico

delta 8

Delta 8 comes with a variety of products including gummies, pods, cookies, vape liquids, tinctures, food, distillates or oils, spray bottles, flowers, and more.

Note: Since these products are new to the market, there is no information on how to consume them. It is usually recommended to take a small amount initially, depending on how you feel after eating it.

THC Concentration in Delta-8

Delta-8 THC concentrations vary by crop. Nonetheless, in order to meet legal requirements at the federal and state levels, THC concentrations must be less than 0.3%.

Legality of Delta-9 THC and the difference between Delta-8 and Delta-9

Yes, Delta-9 is legal if the THC concentration is below 0.3%. The difference is that Delta-8 THC is milder and has a different molecular structure than Delta-9 THC.

Consumption of Delta-8 THC

Delta-8 is considered safe to consume due to its milder effects. However, this is not the case, as evidenced by a September 2021 warning from the Centers for Disease Control and Prevention and the U.S. Department of Agriculture about the potential health risks of using Delta-8 THC products. Also, according to the warning, Delta-8 THC products have not been evaluated or approved by the FDA. There have been reports of adverse events involving Delta-8 products. Of the reported cases of 22 patients, 14 received treatment after ingestion and 19 developed an event after ingestion. There is little research on the short- and long-term effects of marijuana, and even less research on its replacement cannabinoids. While THC in any form has never been shown to be fatal when ingested in large amounts, it can cause serious and dire side effects. Since THC products don’t have a fixed dose, it’s important to remember that a little goes a long way and keeps your consumption at a level that’s comfortable for your body.

Frequently Asked Questions

Question: Is CBD oil legal in New Mexico?

Answer: Yes. Hemp-derived CBD oil is legalized in New Mexico. CBD is an intoxicating substance with the second highest concentration in the cannabis plant.

Question: Is a license/permit required to grow cannabis in New Mexico?

A: Yes, you need a license to grow cannabis in New Mexico. Under the New Mexico Cannabis Program, business owners must obtain a license to legally conduct business. The state cannabis program issues different licenses for people to produce, extract or process cannabis in the state. Each license costs $1,000 per year.

You’ll need to fill out an application form, get a permit based on the activity you’ll be doing, and make sure you’re complying with the rules and regulations of the environment department.

To obtain a cannabis license, you must submit a valid application for indoor cannabis production (continuous license) or outdoor cannabis production. Along with supporting documentation, include property owner information, geospatial location and legal description of the cannabis growing area, as well as maps and sketches of the cannabis growing area.

Then there are background checks, and anyone who has been convicted of a felony within the past 10 years cannot get a license.

For manufacturing, cannabis products must obtain a certificate of analysis and batch ID number from an approved laboratory. Details should also include labeling, shipping instructions and testing for cannabis products.

Question: What is Delta-10 THC? Is Delta-10 legal?

Answer: Delta-10 THC is an isomer whose compounds are similar to Delta-8 THC and can have different effects when consumed. In contrast, the former produces an uplifting effect similar to cannabis sativa, and the latter produces a calming euphoric effect.

Yes, Delta-10 THC is legal as long as it contains an acceptable level of THC compounds, which is 0.3%.

Question: Is marijuana flower legal in New Mexico?

A: Yes, marijuana flower is legal to consume and grow in New Mexico. Cannabis flower is in high demand and is being produced. Consumer demand for smokable cannabis flowers has increased significantly, and entrepreneurs are jumping on the bandwagon, producing boutique-quality flowers for the market.

Question: Is medical marijuana legal in New Mexico?

A: Since 2007, New Mexico has legalized medical marijuana through Senate Bill 523 (also known as the Lynn and Erin Compassionate Use of Medical Marijuana Act). Patients with certain qualifying medical conditions may use medical marijuana under the Act. People 21 or older can have up to 56 grams of flower, 800 milligrams of food and 16 grams of concentrate. People can also grow 12 cannabis plants without a license.

Question: Is Delta 8 legal in all 50 states?

A: No, Delta 8 is currently legal in 30 states, 4 of which are currently reviewing their decision to legalize the compound.

The Future of Delta 8 in New Mexico

New Mexico was the first state to pass laws recognizing medical marijuana, and likewise, passed laws related to Delta-8 THC. This shows the progressive nature of New Mexico in legalizing different important compounds.

So Delta-8 will continue to exist in New Mexico for a while while other states are reconsidering their decisions. However, the country could go further with stricter regulations, such as increased age limits, stricter testing requirements and mandatory dosing recommendations.

Further reading:

Delta 8 THC Georgia Legal Guide

Delta 8 THC Florida Legal Guide

Delta 8 THC Alabama Legal Guide

Delta 8 THC Indiana Legal Guide

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