Is THC Legal in New Mexico?

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What Is THC?

THC is often referred to as Delta-9 tetrahydrocannabinol, the major psychoactive chemical present in the cannabis plant. However, it can also describe a family of psychoactive compounds in the cannabis plant. THC is mostly found in marijuana, although it is also in some hemp strains in minor amounts.

THC has several isomers, the most well-known of which is Delta-9 THC, but there are also Delta-8 THC and Delta-10 THC. Delta-8 THC is comparable to Delta-9 THC in its effects; however, it is usually found in lesser amounts in cannabis. Delta-10 THC is a newer isomer that has lately attracted attention for its potential medicinal applications; nevertheless, additional research is required to completely understand its effects.

Is THC Legal in New Mexico?

Yes, Delta-8, Delta-9 THC, and Delta-10 THC are all legal in New Mexico. The state has enacted laws permitting residents to use marijuana-derived Delta-9 THC for both medical and recreational purposes. Also, hemp-derived THC is legal in the state as long as such products comply with federal and state laws.

How Much THC is in Weed?

THC is present in both marijuana and hemp plants, with marijuana having a high THC level and hemp having a low THC content. Hemp products cannot have higher than 0.3% THC by definition under federal and state laws. Unlike hemp, marijuana plants are usually grown for their high THC content. Since 1995, the United States Drug and Enforcement Agency (DEA) conducts annual THC potency level research on seized weed samples. The DEA reported THC levels of 3.96% in seized samples in 1995, 8.02% in 2005, and 15.34% in 2021. Still, some cannabis strains available in New Mexico, such as OG Kush, Blue Dream, and Sour Diesel, claim to have THC levels ranging between 20 and 25%.

The increase in THC levels in weed can be attributed to several factors, including genetics and environment. For example, each weed strain has a peculiar genotype acting as a template for how it will grow and what levels of THC may be present in the plant. Also, environmental factors such as growing method, nutrient availability, light, pH levels, humidity, and temperature may play a role in THC concentration levels. Weed growers cultivating cannabis in sub-optimal conditions will likely harvest crops with lower THC levels.

Note that the typical THC level of various cannabis product types also differs. Cannabis concentrates have high amounts of THC and hence a higher potency, making them a popular choice among many cannabis users. Compared to cannabis flower, which normally have a THC content of 15-25%, concentrates can have a THC content of 50-90%. This is because concentrates are mainly extracted cannabinoids with no plant material.

Although THC percentage is a valuable metric for knowing how potent a cannabis product is, the labels on cannabis products usually indicate the amount of THCA, THC, and total THC levels therein. THC is produced from THCA through decarboxylation - a heat conversion process. Hence, when buying a cannabis product, it is recommended that you consider the total THC percentage as the product's active and consumable THC content level.

Cannabis contains a variety of THC compounds at varying levels of abundance. Some of the most common compounds are listed below in the order of their abundance in the cannabis plant:

  • Delta-9 THC

  • Tetrahydrocannabivarin (THCV)

  • Tetrahydrocannabiorcol (THCC)

  • Tetrahydrocannabiphorol (THCP)

  • Delta-7 Tetrahydrocannabinol

  • Delta-8 Tetrahydrocannabinol

  • Delta-10 Tetrahydrocannabinol

New Mexico THC Laws 2022

The following are THC laws in New Mexico:

  • SB 523: SB 523 makes THC use legal for registered patients in New Mexico. To be a legally registered patient in the state, you must have a New Mexico medical marijuana card. Patients can have 425 units of THC supplies; One-day unit equals 200 milligrams of THC in edibles, tinctures, or topicals. No THC use may occur in public, and THC products may not be shipped across state lines. The state permits patients with personal production licenses (PPLs) to grow 4 mature cannabis plants and 12 seedlings indoors to produce THC for personal medical uses.

  • New Mexico Cannabis Regulation Act (CRA): The CRA makes THC use legal for New Mexico adults aged 21 or older. They can have up to 2 ounces of THC in flower, 800 milligrams of THC in edible form, and 16 grams of THC extracts. The home cultivation of 6 mature marijuana plants is legal for adults. It is illegal to ship THC across state lines or use it in public places

Note that the state also abides by the federal 2018 Farm Bill making Delta-8 THC, Delta-10 THC, and other THC derived from hemp legal as long as they have no more than 0.3% THC by dry weight.

What is the Legal Limit for THC While Driving in New Mexico?

There is no THC-specific legal limit for drivers in New Mexico. However, pursuant to Section 66-8-102 of the New Mexico Annotated Statutes, it is unlawful for a person to drive a vehicle while under the influence of any drug to the degree that renders the person incapable of safe driving.

Will THC Show Up on a Drug Test?

Yes, THC can show up on a drug test depending on many factors. Factors such as body fat percentages, hydration levels, and physical activities can all influence how long THC is detectable in the body. The mode of administration and frequency of use can also considerably affect the detection window for drug tests.

When THC is inhaled by smoking or vaping, it quickly enters the system and is processed, resulting in a shortened detection window. THC, on the other hand, takes longer to enter the bloodstream and is processed more slowly when consumed as edibles or capsules, resulting in a longer detection window. Note that certain drug tests can identify very low amounts of THC even if you have not used cannabis in a while.

How Long Does THC Stay in the Body?

After taking THC, the liver metabolizes the compound in the body, converting it into 11-OH-THC and later into THC-COOH. This metabolite is later excreted through feces and urine. Typically, THC can be detected in blood for up to 36 hours, urine for up to 30 days, saliva for up to 72 hours, and hair follicles for up to 90 days.

What Is THC Oil?

THC oil, sometimes referred to as cannabis oil, is a concentrated oil derived from the cannabis plant. The active components, including tetrahydrocannabinol (THC), responsible for the plant's psychotropic properties, are extracted to create the oil. THC oil is particularly designed to contain high quantities of THC and should not be confused with CBD oil. CBD oil has a high concentration of CBD (cannabidiol). While both CBD and THC are therapeutic, CBD does not have intoxicating properties. CBD oil is often made by extracting cannabinoids from hemp, which is naturally low in THC. THC oil can be consumed or used in various ways, such as vapes and dab rigs. THC oil is safe to use but can cause a "high."

What Is THC Distillate?

THC distillate is a potent and pure form of highly concentrated THC. It is created using a distillation process that eliminates impurities. THC distillate is refined to boost its potency and purity, unlike THC oil, which is commonly manufactured by extracting THC from cannabis using solvents. THC distillate may be costlier than many other THC products but it is also more powerful and effective.

THC distillate also differs from CBD distillate. THC is recognized for its psychoactive properties, but CBD is non-psychoactive. The chemical compositions of THC and CBD distillates differ, with THC distillate being rich in THC and CBD distillate being high in CBD.

THC distillate may produce a high and may also have unpleasant side effects. THC distillate may be ingested in various ways, including vaping, dabbing, and mixing it with food and beverages. Vaping THC distillate is a common way of intake since it allows for rapid and effective THC absorption. While THC distillate is generally safe to consume, buying from a reputable source and beginning with a small dose is important to determine your tolerance level.

Where to Buy THC in New Mexico?

Hemp-derived Delta-8 THC and Delta-10 THC are available at local stores and online retailers in the state. These products are available in tinctures, oils, edibles, flower, and gummies. Marijuana-derived THC, on the other hand, may only be sold at licensed New Mexico cannabis dispensaries. You need an ID to purchase marijuana-derived THC products at licensed state dispensaries. To purchase marijuana-derived THC for recreational use, you must show an ID to prove you are 21 or older. To buy a marijuana-derived THC for medical use, you must show a New Mexico medical marijuana card.

New Mexico residents can also purchase THC products from online retailers. Online vendors often offer a broader product range than retail storefronts and may provide a discreet shopping experience for those who want to avoid being seen in a dispensary. Furthermore, online retailers offer competitive pricing and promotions, making it a more affordable option for regular cannabis buyers.



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