Is CBD Legal In New Mexico? - April 2024

Is CBD Oil Legal in New Mexico?

The US Farm Bill officially excludes industrial hemp containing 0.3% or less THC from being categorized as a marijuana product under the Controlled Substances Act⁽⁶⁾. 

Thus, hemp products, such as CBD oil, containing less than 0.3% THC, may be legally sold in all 50 states. 

Still, state laws may or may not align with federal law. 

Cannabidiol (CBD) oil is a product developed from industrial hemp. In the United States, CBD oil products are produced commercially using cultivars approved by the United States Department of Agriculture.

The 2018 United States Farm Bill allows farmers to grow industrial hemp plants containing 0.3% or less tetrahydrocannabinol (THC), the compound that causes psychoactive effects⁽⁷⁾. 

CBD companies must comply with certain restrictions imposed by the US Food and Drug Administration (FDA). Commercially-produced CBD products are prohibited from being marketed as dietary supplements or pharmaceutical drugs⁽⁸⁾. 

CBD companies are also prohibited from making any health claims. Furthermore, the FDA forbids manufacturers from adding CBD into food and beverages⁽⁹⁾. 

The legalization of industrial hemp does not cover all CBD products. According to the Drugs Enforcement Administration, CBD products exceeding 0.3% THC are classified as a Schedule I controlled substance⁽¹⁰⁾.

New Mexico CBD Laws

House Bill 581, signed by Governor Michelle Lujan Grisham on April 1, 2019, aligned New Mexico laws with the federal government regulations⁽¹¹⁾.

The State of New Mexico legalized the local cultivation of hemp and the production of hemp-derived finished products, such as CBD oil⁽¹²⁾. These CBD oil products must contain less than 0.3% THC. 

House Bill 581 requires farmers to use cultivars approved by the New Mexico Department of Agriculture. These cultivars are developed and bred to produce industrial hemp containing 0.3% or less THC⁽¹³⁾. 

Meanwhile, FDA-approved drugs containing CBD or other cannabinoids require a prescription from a licensed physician⁽¹⁴⁾.

In terms of labeling, the state requires manufacturers to follow the provisions of the New Mexico Food Act and Food Service and Sanitation Act⁽¹⁵⁾. 

However, this provision does not necessarily allow CBD products to be added to food or beverage products. 

According to the New Mexico Environment Department (NMED), state food regulations adopted the FDA’s Food Code⁽¹⁶⁾. The 2017 Food Code is the latest published edition, and its regulations are renewed every four years. 

The FDA’s Food Code prohibits manufacturers and other food establishments from using unapproved food additives⁽¹⁷⁾. 

Since there is only one FDA-approved CBD product (Epidiolex), it is currently illegal to add CBD to food products⁽¹⁸⁾. 

For more information regarding CBD labeling requirements, individuals may contact the New Mexico Environment Department or visit their official website (www.env.nm.gov).

New Mexico Medical Marijuana Program

New Mexico currently has a medical marijuana program that accommodates citizens with qualifying conditions. 

In 2007, Senate Bill 523, also known as the Lynn and Erin Compassionate Use Act, was introduced to enable individuals with debilitating conditions to benefit from medical marijuana⁽¹⁹⁾. 

CBD products derived from marijuana are not covered by the Hemp Farming Act and are considered a Schedule I controlled substance. 

Marijuana-derived CBD oil requires a diagnosis and a written certification from a licensed practitioner, indicating that an individual has the qualifying medical condition⁽²⁰⁾.

New Mexico citizens age 18 and over with the following medical conditions are eligible to apply for New Mexico’s medical cannabis program⁽²¹⁾: 

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS)
• Autism Spectrum Disorder
• Cancer
• Crohn’s Disease
• Huntington’s disease
• Glaucoma
• Multiple Sclerosis
• Painful Peripheral Neuropathy
• Parkinson’s disease
• Post-Traumatic Stress Disorder
• Severe Chronic Pain
• Spinal Muscular Atrophy
• Ulcerative Colitis

Additionally, citizens with a state-issued medical marijuana card may possess up to eight ounces of cannabis-derived CBD oil⁽²²⁾. 

Individuals in possession of cannabis without a medical marijuana card may be charged with a petty misdemeanor and is subject to a $50 to $100 fine⁽²³⁾.

On February 20, 2020, Governor Michelle Lujan Grisham signed Senate Bill 139, limiting the medical marijuana cards to citizens⁽²⁴⁾.

Thus, dispensaries are prohibited from selling marijuana to visitors, even when they have a medical marijuana card from other states. 

*Individuals may refer to the New Mexico Department of Health for a complete list of the qualifying conditions.

CBD Licensing Requirements

Before harvest, licensed hemp farmers must submit a crop sample for testing in state-approved laboratories. After the laboratory has verified the sample’s legal THC content, a harvest certificate is issued by the Department of Agriculture⁽²⁵⁾.  

Hemp manufacturers in New Mexico must purchase only industrial hemp that comes with a harvest certificate. 

Manufacturing hemp-derived products require a permit from the New Mexico Environmental Department. The license application fee is $1,000⁽²⁶⁾. 

Meanwhile, selling pre-packaged CBD products created by licensed manufacturers do not require a special permit⁽²⁷⁾.

When transporting hemp products in the state, the person responsible must present a harvest certificate or a manifest recognized by the state’s Hemp Farming Act. 

Transporting hemp-derived products without a harvest certificate or a manifest may be subject to a $500 fine and a misdemeanor charge⁽²⁸⁾. 

Individuals possessing more than eight ounces of hemp may be apprehended by a law enforcement agency⁽²⁹⁾.  

Transporting hemp products in small amounts for lab testing or research does not require a hemp certificate. 

However, the transporter must represent a licensed hemp facility and provide information, such as batch or lot identification, item description, origin and destination, total volume, and weight⁽³⁰⁾. 

Testing Requirements

Hemp-derived products must be submitted to a state-approved laboratory for testing. The certificate of analysis (COA) presented by the lab must contain batch code, method of analysis, testing date, and authorized signature. 

The COA must be presented to CBD distributors and retailers before they may legally purchase the manufacturer’s products.

Buying CBD Legally

Although strict regulations are in place to protect New Mexico residents from consuming unsafe CBD products, this does not guarantee that illegal CBD products do not make it into the state. 

Before buying CBD oil, consumers must always check the product’s certificate of analysis. 

As per manufacturing regulations, all hemp-derived CBD products are required to have a COA. Any product without a COA in New Mexico is not recommended for purchase.

The COA provides consumers information on products’ consistency and purity. Furthermore, the COA helps determine if the CBD oil is free from harmful chemicals, heavy metals, and toxic substances. 

Consumers must also consider the hemp source. New Mexico law requires manufacturers to buy hemp from local growers with harvest certificates. 

State laws allow local manufacturers to use out-of-state hemp or hemp extracts if the grower is registered with the New Mexico Environment Department (NMED)⁽³¹⁾.

Consumers must buy CBD products only from New Mexico-based CBD manufacturers⁽³²⁾. 

How to Choose Which CBD Products to Buy

When looking for high-quality products, individuals may start by checking the brand’s accreditations and ratings.

Individuals may check the CBD company’s Better Business Bureau status, customer feedback, and product line up. 

The Better Business Bureau rates companies according to trustworthiness, customer service, and ethical business practices. The organization also provides an avenue for customers to file complaints and express their opinions⁽³³⁾. 

Meanwhile, the US Hemp Authority also helps customers determine which brands have ethical business practices. The agency audits CBD brands and companies.  

The companies applying for the US Hemp Authority stamp are briefed regarding quality management systems, federal regulations, current good manufacturing practices, and ISO standards. 

CBD companies that want to obtain the US Hemp Authority seal of approval should pass audits on their business practices, product quality, and truthful labeling⁽³⁴⁾. 

Where to Buy the Best CBD Products Legally

Due to the state’s compliance with FDA regulations, it is recommended that consumers opt for CBD products not intended for eating or drinking⁽³⁵⁾. 

Consumers may choose CBD tinctures, CBD oils, CBD topicals, and CBD vape pens. 

CBD tinctures may be consumed sublingually (under the tongue), while CBD oils and lotions may be applied topically. CBD may also be inhaled using vape pens and vape oils. 

Individuals may find CBD oil in local CBD shops, vape shops, and wellness stores in Las Cruces, Rio Rancho, Albuquerque, and other major cities.

Shoppers who live in areas where CBD is unavailable may order from the brand’s official website or online retailers based in New Mexico. 

Shoppers may also refer to CBD review websites to find CBD products with good ratings. 

When shopping for CBD products, consumers must make sure the products come from state-approved manufacturers. 

According to the New Mexico Environment Department, the following CBD manufacturers are regulation-compliant and state-approved⁽³⁶⁾:

Facility Name	City
AuraVir	Albuquerque
Aromaland	Albuquerque
Bryan’s Green Care	Hobbs
CBDJay Manufacture Lab	Santa Fe
Chilmark Labs, Inc.	Albuquerque
Eagle Moon Hemp	Deming
Elevated HC, LLC	Albuquerque
Ex4Hemp	Deming
Family Hemp Brands	Santa Fe
FarmCo	Albuquerque
Fathom NM	Albuquerque
Hemp Factory	Albuquerque
High Grade Hemp	Santa Fe
Medinatura Inc.	Albuquerque
Mountaintop Wellness	Albuquerque
PennEz	Alamogordo
Rezolex LTD. Co.	Radium Springs
Replenish Wellness	Albuquerque
RGHC Packaging and Distribution	Albuquerque
Sacred Wellness	Santa Fe
Sandia Botanicals	Albuquerque
Three Hundred and Sixty Ventures LLC	Albuquerque
The Burning Bush	Albuquerque
Ultra Health	Bernalillo
Verve Botanicals, LLC	Moriarty

FAQs

What Is CBD Oil?

CBD oil is a product that contains phytocannabinoids, with CBD being the primary ingredient. Phytocannabinoids are compounds found in hemp and marijuana. 

Full-spectrum CBD oil contains all the cannabinoids, terpenes, flavonoids, and minerals found in hemp plants. 

The high concentration of these compounds produces a synergy called the “entourage effect,” maximizing the health benefits of hemp⁽³⁷⁾. 

Broad-spectrum CBD oil has a CBD content blended with other cannabinoids, except for THC. Lastly, CBD isolate, containing pure CBD, is recommended for individuals who want to take CBD as a monotherapy.

Manufacturers develop CBD products by extracting the compounds using various methods. Some methods may involve solvents, carbon dioxide (CO2), pressure, or heat. 

The hemp extracts are suspended in carrier oils, such as hemp oil or medium-chain triglycerides (MCT) oil, infused into vape oils, or mixed in topical products.

What is the Difference between CBD and THC?

CBD is abundant in hemp plants. Hemp contains 0.3 percent THC or less, which makes it non-psychoactive. 

Meanwhile, the higher THC concentration in marijuana plants produces psychoactive effects. 

How Does CBD Work?

CBD works by interacting with the endocannabinoid system (ECS), a cell-signaling system consisting of cannabinoid receptors. These receptors influence internal processes in the body and maintain homeostasis. 

The effects of CBD in the ECS have been studied and evaluated for many years. Scientists hypothesized that CBD might influence ECS receptors and produce anti-inflammatory and anxiolytic (anti-anxiety) responses⁽³⁸⁾. 

Currently, scientists are also analyzing how the potential benefits of CBD may be applied to various medical conditions.

Studies have also found that CBD may help with several health issues, such as chronic pain, epilepsy, anxiety, insomnia, and arthritis⁽³⁹⁾. 

How Does One Read Product Labels?

It is recommended that one conducts a brief evaluation before buying a CBD product. Depending on the preference and health issues, individuals may choose products according to the type of oil, concentration, and forms. 

First-time CBD users must opt for products with lower concentrations. Meanwhile, individuals who want to take all the benefits from cannabinoids may opt for full-spectrum CBD oil. 

Lastly, consumers must always check if the product has an updated COA. Some brands provide quick response (QR) codes, barcodes, or website links on the label. 

The COA must contain batch code or ID code, extraction method, and date of testing. 

When evaluating CBD products, consumers must consider the following:

• Type of CBD oil (full-spectrum, broad-spectrum, CBD isolate)
• Concentration (milligrams per serving)
• Batch code / ID code 
• Barcode, QR code, or URL link leading to COA 
• Manufacture and expiry date
• Manufacturer or company (must be licensed in New Mexico)

Conclusion

Consumers must be knowledgeable about local regulations before they buy or use CBD products. In New Mexico, local state laws allow residents and visitors to possess hemp-derived CBD products containing less than 0.3%. 

Legalized hemp-derived CBD products are developed by licensed manufacturers, compliant with state regulations and laws.

Under New Mexico’s medical marijuana program, residents with a qualifying medical condition may possess up to eight ounces of medical marijuana. 

However, the latest legislation limits the issuance of medical marijuana cards to residents. 

Although limiting CBD products to local manufacturers provides consumers with only a few brand options, state laws are imposed to protect people from untested CBD products.

Despite strict state regulations, consumers must remain vigilant and conduct their evaluations to know whether the product is safe, legal, and contains good quality CBD oil. 

For more information on CBD’s legality in all 50 US states, click here.

*The information shared in this article was based on findings retrieved on November 10, 2020. Hemp and CBD laws in the state may change without notice.  

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1. The US Food and Drug Administration. Hemp Production and the 2018 Farm Bill. Retrieved from https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019
2. New Mexico Environment Department. Hemp Program. Retrieved from https://www.env.nm.gov/hempprogram/permitted/
3. New Mexico Legislation. House Bill 581. Retrieved from https://www.nmlegis.gov/Sessions/19%20Regular/final/HB0581.pdf
4. Drug Enforcement Administration. Implementation of the Agriculture Improvement Act. Retrieved from https://www.deadiversion.usdoj.gov/fed_regs/rules/2020/fr0821.htm
5. New Mexico Legislation. Senate Bill 323. Retrieved from https://www.nmlegis.gov/Sessions/19%20Regular/final/SB0323.pdf
6. The US Food and Drug Administration. Hemp Production and the 2018 Farm Bill. op. cit.
7. Ibid.
8. US Food and Drug Administration. FDA regulation on Cannabis and Cannabis-derived Products Including Cannabidiol (CBD). Retrieved from https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
9. Ibid.
10. Drug Enforcement Administration. Implementation of the Agriculture Improvement Act. Op cit.
11. New Mexico Legislation. Schedule of HB 581 Regular Session. Retrieved from https://www.nmlegis.gov/Legislation/Legislation?Chamber=H&LegType=B&LegNo=581&year=19
12. New Mexico Legislation. House Bill 581. Op cit.
13. Ibid.
14. FDA.gov. FDA and Cannabis: Research and Drug Approval Process. Retrieved from: https://www.fda.gov/news-events/public-health-focus/fda-and-cannabis-research-and-drug-approval-process
15. New Mexico Environment Department. Food Program Regulations. Retrieved from https://www.env.nm.gov/foodprogram/regulations-home/
16. US Food and Drug Administration. FDA Food Code 2017. Retrieved from https://www.fda.gov/media/110822/download
17. The US Food and Drug Administration. What You Need to Know (And What We’re Working to Find Out) About Products Containing Cannabis or Cannabis-derived Compounds, Including CBD. Retrieved from https://www.fda.gov/consumers/consumer-updates/what-you-need-know-and-what-were-working-find-out-about-products-containing-cannabis-or-cannabis
18. New Mexico Legislation. Senate Bill Text for SB 523. Retrieved from https://www.nmlegis.gov/sessions/07%20regular/bills/senate/sb0523.html
19. New Mexico Legislation. House Bill I55. Op cit.
20. New Mexico Department of Health. Retrieved from: https://www.nmhealth.org/publication/view/rules/4986/
21. Ibid. 
22. New Mexico Department of Health. Medical Cannabis Program Patient Guide. Retrieved from: https://www.nmhealth.org/publication/view/guide/4995/
23. New Mexico Legislation. Senate Bill 323. op. cit.
24. New Mexico Legislation. House Bill 139. Retrieved from https://www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=139&year=20
25. New Mexico Legislation. House Bill 581. Op cit.
26. New Mexico Environment Department. Hemp Program. FAQ. Retrieved from https://www.env.nm.gov/hempprogram/hemp-program-faqs/
27. Ibid
28. New Mexico Legislation. House Bill 581. Op cit.
29. Ibid.
30. New Mexico Environment Department. Environmental Protection. Hemp Post Harvest Processing. Retrieved from https://www.env.nm.gov/wp-content/uploads/sites/13/2019/10/20.10.2-NMAC-Final-Rule-DRAFT-10.9.19.pdf
31. New Mexico Environment Department. Hemp Program. FAQ. Op cit.
32. New Mexico Environment Department. Permitted Hemp Manufacturers. Retrieved from https://www.env.nm.gov/hempprogram/permitted/
33. Better Business Bureau. Retrieved from https://www.bbb.org/
34. US Hemp Authority. Retrieved from https://ushempauthority.org/
35. New Mexico Environment Department. Food Program Regulations. Retrieved from https://www.env.nm.gov/foodprogram/regulations-home/
36. Permitted Hemp Manufacturers. op. cit.
37. Russo, E. (2018). The Case for the Entourage Effect and Conventional Breeding of Clinical Cannabis: No “Strain,” No Gain. PubMed Central (PMC). https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6334252/ 
38. Fine, P. G., & Rosenfeld, M. J. (2013). The endocannabinoid system, cannabinoids, and pain. Rambam Maimonides medical journal, 4(4), e0022. https://doi.org/10.5041/RMMJ.10129
39. Ibid.

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