Is CBD Oil Legal in New Mexico?

  1. New Mexico Cannabis
  2. New Mexico CBD

What is CBD?

CBD or cannabidiol is a naturally occurring chemical compound found in the cannabis sativa plant. Hence CBD can be found in both hemp and marijuana. The psychoactive component of hemp and marijuana, tetrahydrocannabinol, or THC, distinguishes hemp and marijuana. Hemp has 0.3 percent or less THC, implying that hemp-derived products do not contain enough THC to produce the intoxicating effect associated with marijuana.

While CBD may be produced from marijuana or hemp, marijuana products are still federally prohibited in the United States. However, the 2018 Farm Bill stipulated that hemp and hemp products are now legal in the nation. The law differentiates hemp from other cannabis plants and removes hemp products from Schedule I status under the Controlled Substances Act (CSA).

Per the Farm Bill, CBD produced from hemp may not include more than 0.3 percent THC. These CBD products, although lawful on a federal level, may be prohibited under state law. The Farm Bill permits states to create their own regulations governing the use of hemp-derived CBD in their jurisdictions.

CBD works by mimicking endocannabinoids, a substance generated naturally by humans and present throughout the body. Endocannabinoids regulate mood, memory, appetite, stress, sleep, and metabolism. CBD comes in various forms, such as in foods infused with CBD, oils, and tinctures. However, some of the most widely used terms to describe CBD products include Broad-spectrum CBD, full-spectrum CBD, and CBD isolate.

Full-spectrum CBD products include all of the components found in a cannabis plant, including trace amounts of THC. This description implies that full-spectrum CBD products have the most significant intoxicating effect. Full spectrum CBD is CBD in its most natural form having undergone the least amount of processing. Although full-spectrum products do include THC, the Food and Drug Administration (FDA) requires that it not exceed 0.3 percent.

Broad-spectrum CBD products include cannabinoids and other chemicals derived from the cannabis plant, such as cannabichromene (CBC), cannabinol, and terpenes like myrcene, limonene, or pinene. Broad-spectrum CBD does not often include THC. Some items, however, will consist of trace amounts. CBD isolate, also called pure CBD, has had all other cannabinoids removed, including terpenes and flavonoids, which give marijuana its earthy flavor and strong aroma.

Is CBD Oil Legal in New Mexico?

Cannabidiol's legality is determined by its source. Cannabis plants are classified into two types: hemp and marijuana. Hemp-derived CBD oil includes up to 0.3 percent THC in general, while marijuana-derived CBD oil has a higher concentration of the intoxicating component -THC. Hemp is now fully legal in New Mexico, as is CBD oil made from hemp. However, if you are considering purchasing marijuana-derived CBD oil, you should know that it is only legal for medical marijuana users under certain circumstances.

What are New Mexico CBD Laws in 2022?

The first legislation dealing with medical cannabis in New Mexico was enacted via Senate Bill 523 in 2007. People with debilitating medical problems now have access to high-quality marijuana-derived CBD under this law. However, to obtain the relevant documentation, patients must have their physician sign a statement stating that marijuana is necessary for their treatment plan.

New Mexico was one of many states that tried to legalize industrial hemp cultivation after passing the US 2014 Farm Bill; however, the bill was vetoed by Governor Susana Martinez. After the New Mexico Supreme Court overturned that veto in 2017, the Legislature pushed to, and finally succeeded in setting the legal requirement for hemp at 0.3 percent or less THC by weight, in line with the federal government's limit. The bill recognizes federally recognized Native American tribes' authority to establish their own hemp regulations.

The New Mexico legislature enacted House Bill 581 in March 2019, legalizing hemp and initiating the process of setting laws for its cultivation, testing, transportation, and processing. Individual licenses are required under HB 581 for cultivating, extracting, and producing hemp products, implying that a vertically integrated business would require three different permits, each costing $1,000 per year. All products must be accompanied by a harvest certificate received after testing by a state-licensed institution, as well as a manifest.

Additionally, each hemp or hemp-derived product must have an analysis certificate from an accredited lab that includes the batch ID number, testing date, method of analysis, and allowed signature. The certificate must accompany completed items to the store; however, this requirement is optional and at the purchaser's discretion for direct-to-consumer sales. Without a harvest certificate, transporting hemp-derived CBD is a petty misdemeanor punishable by a fine of up to $500.

According to the statute, anybody manufacturing or transporting CBD for human consumption must adhere to the state's food safety regulations. The regulation outlined in HB 581 ends after the product reaches the store, in compliance with the FDA's authority over CBD in food, cosmetics, and other consumer products.

What are New Mexico CBD Possession Limits?

New Mexico has set no possession limits for hemp-derived CBD products in the state. While the state has stipulated limits for marijuana possession, there are also no specific mentions for marijuana-derived CBD in the state's marijuana law statutes.

Can Doctors Prescribe CBD Oil in New Mexico?

New Mexico doctors can recommend marijuana-derived CBD oil for qualifying patients carrying medical marijuana cards under the state's medical cannabis program. Medical conditions for which doctors may recommend marijuana-derived CBD include:

  • Amyotrophic Lateral Sclerosis
  • Cachexia
  • Crohn's disease
  • Cancer
  • Epilepsy
  • Glaucoma
  • Hepatitis C
  • HIV/AIDS
  • Huntington Disease
  • Chronic inflammatory Demyelinating Polyneuropathy
  • Opioid use disorder
  • PTSD
  • Severe anorexia
  • Ulcerative colitis
  • Psoriasis
  • Intractable nausea
  • Rheumatoid arthritis
  • Severe chronic pain
  • Intractable spasticity
  • Peripheral neuropathy
  • Parkinson's disease
  • Hospice care
  • Obstructive sleep apnea
  • Spasmodic torticollis

What are the Licensing Requirements for CBD in New Mexico?

The New Mexico Department of Agriculture (NMDA) awards licenses to qualifying entities or individuals cultivating hemp for CBD derived from hemp. On the other hand, the state agency responsible for issuing licenses to the businesses or individuals processing hemp after harvest, including extracting, distillation, and manufacturing, is the New Mexico Environment Department (NMED). Note that a separate license must be obtained for each of these activities. The New Mexico Department also creates the guidelines for transporting and labeling hemp-derived CBD products in the state.

Under the state's Hemp Program, business owners can obtain permits to carry out business operations in New Mexico lawfully. The New Mexico Hemp Program has detailed requirements devised to protect residents from potentially harmful effects of hemp on the environment. To legally conduct hemp-related activities as a business entity in New Mexico, a business owner is required to:

  • Complete the relevant application
  • Obtain proper permits for every hemp-related business activity that will be conducted
  • Conduct all hemp-related business activities in compliance with the rules issued by the New Mexico Environment Department

The New Mexico Department of Agriculture issues different hemp grower licenses, including the continuous hemp commercial production license, the annual hemp commercial research production license, and the nursery plant license. To complete your application for a hemp production license, a criminal background check is required. Individuals found to have been convicted of a crime involving controlled substances within the past ten years are not eligible for hemp production licenses. The New Mexico's Agriculture Department will be responsible for conducting the national background check.

Applicants must obtain state criminal history information from the Department of Public Safety (DPS) in order to complete the state criminal history screening. The criminal history report obtained from the New Mexico DPS must be included in an application for a hemp production license. Applicants are required to also comply with the Child Support Enforcement Act of New Mexico as non-compliance with child support obligations will result in denial of a license application.

Hemp production license applicants will be required to provide the following information:

  • GPS location of the growing areas or growing area sketch or map
  • Proof of ownership or right of access to the growing area
  • Total number of square feet or acres that is proposed for hemp production use in the growing area
  • A description of all the hemp-related business activities that the applicant will conduct under the license
  • A description of the hemp varieties that the applicant proposes to maintain in the growing area.
  • Acknowledgment of the United States Department of Agriculture (USDA) requirements per USDA Agricultural Market Service (AMS) Domestic Hemp Production Program.
  • Check or money order for the relevant application fee

Note that local ordinances may provide specific requirements for businesses seeking to obtain hemp grower licenses in New Mexico. For instance, in Socorro County, a local Annual Production Permit is required for all commercial cannabis producers according to the county ordinance. As a requirement, the permit ensures that all commercial cannabis planted and grown in Socorro County is feminized. Hence, it is recommended that you familiarize yourself with any local ordinances in place in the area where you intend to locate your facility to understand county-level regulatory requirements.

For more information about licensing requirements for hemp grower applications in New Mexico, visit the NMDA website or contact the state Department of Agriculture at (575) 646-3207 or by email at hemp@nmda.nmsu.edu.

To obtain a hemp license for hemp extraction facility, manufacturing or processing facility, and hemp warehouse permit in New Mexico, an applicant must provide the following information:

  • Floor Plan: This plan must indicate equipment specification sheets and equipment layout
  • Plumbing Plan: This plan must show all plumbing connections
  • Mechanical Plan and Schedules: This plan applies to applicants that will be using new construction sites. This plan will indicate the specifications and locations of ventilation hoods, fire suppression systems, and restroom exhaust fans. The plan will also show cubic feet per minute exhaust capacities for all ventilation hoods and exhaust fans. The volume of outside air each rooftop and make-up air unit will supply into the building for new constructions must also be shown. Mechanical plans should also indicate the make and model numbers or shop drawings for each ventilation hood and exhaust fan.
  • Electrical Plan and Schedules: This plan must indicate the specifications and locations of all lights. This plan must show proof that all lights in processing areas, dry storage areas, dishwashing areas, inside equipment, and areas where open products are held or displayed will be equipped with shatter-proof bulbs or other shields that will protect open products and other items from broken glass if a bulb is broken.
  • Site Plan: This plan may show water test results and a piping diagram of the water supply disinfection system
  • Chemical and Personal Items Plan: This plan will indicate the chemical and employee personal items storage areas. It will also describe how products, utensils, linens, equipment, and single-service articles will be protected from contamination by chemicals and personal items.
  • Employee Health plan: This plan will show the hygiene plan for all future and current employees of the establishment. The plan will potentially show the policies to exclude or restrict employees who are sick or have infected cuts and lesions. It may also describe how employees will report illness information to the person in charge.
  • Training Plan or Information: This plan will show the kind of training that the business owner will provide to the manager of the establishment and employees at the establishment
  • Operational Plan: This plan includes a list of all hemp products and an operational plan for each product type. The operational plan details the product formulation, manufacturing processes, safety regulations, distribution, labeling, and recall procedures for a hemp extractor or manufacturer's hemp product.
  • Administrative Information: Here, the applicant must include any other types of New Mexico Environment Department NMED permits held.

For more information and inquiries about licensing requirements for hemp extraction facility, manufacturing or processing facility, and hemp warehouse permits, visit the NMED website or contact the NMED Hemp Program at hemp.program@state.nm.us.

The State of New Mexico also has specific labeling requirements for CBD products manufactured and sold in the state. The following information are required to be clearly and visibly stated on the CBD product labels:

  • The name of the hemp product
  • The names of the ingredients used in the product listed in descending order by weight
  • The final product pH, if applicable
  • The final product water activity, if applicable
  • The names of any preservatives used in the product
  • The CBD content in the package or container, labeled in milligrams
  • The total THC content in the package or container labeled in milligrams
  • A statement that the CBD product contains no more than 0.3% THC and meets other specific testing requirements.
  • A description of the batch or lot ID coding system specifying the place and date of manufacture. This description must be clearly visible on the label or properly affixed to the container's body.
  • Proposed shelf life

A CBD product sold in New Mexico must contain no health or medical benefit claims on the label. Statements representing that the product contains no THC are prohibited. CBD products in the state are also required to abide by the requirements in the following:

Where to Buy CBD in New Mexico?

Medical CBD is only available via licensed dispensaries located around the state. These shops sell a wide variety of CBD and cannabis products. They are, however, often very controlled since dispensary operators risk serious criminal penalties if they breach the law by selling to individuals who do not have medical marijuana cards.

Purchasing CBD oil derived from hemp is legal in New Mexico without obtaining a permit or card. You may purchase CBD products online or in-store. You can make in-store purchases at smoke and vape shops, mall carts, convenience stores, health food stores, and grocery stores.

For online purchases, the majority of online businesses selling CBD products include information on how to use the product and who is qualified to use it. Online purchasing may also provide you with additional options for browsing items based on your preferences without leaving your house. However, when you include shipping and tax fees, buying CBD products online may eventually cost more than in-person purchases.

In contrast, physical businesses can provide benefits, such as the opportunity to physically inspect the CBD products and avoid extended shipping times or receiving a forfeited item. Additionally, local shops have people available to speak with about the products you want to buy.

New Mexico CBD