Is Delta-8 Legal in New Mexico?

Is Delta-8 Legal in New Mexico?

Yes. Delta-8 THC is legal in New Mexico. The passage of the New Mexico Hemp Manufacturing Act (HB 581) in 2019 legalized the production, manufacture, research, sale, and purchase of hemp and hemp products. Consequently, HB 581 made the use and consumption of all cannabinoids derived from hemp, including Delta-8 THC, legal in the state. However, in compliance with the 2018 Farm Bill, which legalized hemp at the federal level, hemp and hemp-based products in New Mexico may only contain 0.3% THC or less. The 2018 Farm Bill made significant changes to hemp products regulations in the United States, including New Mexico. It distinguished hemp with no more than 0.3% THC by dry weight (and its derivatives) from marijuana as defined in the Controlled Substance Act (CSA).

Common forms of Delta-8 THC products in New Mexico are Delta-8 vape cartridges, tinctures, distillates, oils, and gummies. Because these products are derived from hemp, residents do not require medical cards or physicians' prescriptions to get them. They are readily available for purchase at local stores, organic product shops, wellness centers, and gas stations across New Mexico. However, to get high-quality Delta-8 THC products in the state, it is often recommended to buy them online. By shopping online, buyers can access a wider variety of brands and products. New Mexico permits the delivery of Delta-8 THC products purchased online to buyers' doorsteps.

Delta-8 Laws in New Mexico

  • 2019 - The New Mexico Hemp Manufacturing Act was signed into law by Governor Grisham to legalize hemp, hemp finished products, and its derivatives, including Delta-8 THC. Under the Hemp Manufacturing Act, hemp is defined as any part of the plant Cannabis Sativa L. and all extracts, isomers, derivatives, and cannabinoids with no more than 0.3% THC on a dry weight basis.

What Is Delta-8 THC?

Delta-8 THC is an isomer of Delta-9 THC and a psychoactive cannabinoid in the Cannabis sativa plant. Delta-8 is similar to Delta-9 THC but produces less psychoactive effects because of its low potency compared to Delta-9. Like Delta-9 THC, Delta-8 is naturally found in the Cannabis sativa L., but not in substantial amounts like Delta-9 THC. This is why it is sometimes called a minor cannabinoid. Because of its insignificant quantities in cannabis plants, Delta-8 THC is mainly produced from hemp-CBD via synthesis.

Many people who have consumed Delta-8 THC products in New Mexico attest to experiencing effects such as increased body awareness, relaxation, euphoria, increased energy, and temporary calmness. However, taking too much Delta-8 THC can result in undesirable effects like increased heart rate, slowed breathing, sedation, and increased blood pressure. Other side effects include anxiety, loss of consciousness, and hallucinations. Despite these side effects, research has shown that Delta-8 THC also has some potential benefits. These include the treatment/management of pain, nausea, insomnia, and glaucoma. However, the U.S. Food and Drug Administration has yet to evaluate Delta-8 THC and notifies the public of its potential adverse effects.

Delta-8 vs. Delta-9

Delta-8 THC and Delta-9 THC are almost identical in chemical structure, with the positioning of the double bond on the carbon atom chain differentiating the two compounds. The double bonds on Delta-8 THC are on the ninth carbon atom, while Delta-8 THC's double bonds are placed on the eighth carbon atom. Delta-9 THC can be found in more abundance in hemp and marijuana plants than Delta-8 THC. It is easier to extract Delta-9 from cannabis than Delta-8 THC. The amount of Delta-8 THC in cannabis is so small that it is mostly made synthetically from CBD, especially when required for large-scale production.

While both THC isomers are psychoactive, Delta-8 THC produces a milder feeling of intoxication or "high" than Delta-9 THC. Users experience similar effects when they consume products infused with either of the compounds. The effects include poor coordination, red eyes, memory loss, drowsiness, anxiety, and fast heart rate.

Delta-8 vs. Delta-10

Unlike Delta-8 THC, whose double bonds in the carbon chain occur on the eighth carbon atom, Delta-10 THC's double bonds are placed on the 10th carbon atom. Although both compounds can get users high, unlike Delta-9 THC, which binds with CB-1 receptors, Delta-8 and Delta-10 THC bind with the brain's CB-2 receptor, making the "high" less intense.

However, Delta-8 THC is more potent than Delta-10 THC.

Both Delta-8 and Delta-10 THC are found naturally in cannabis plants but in very low amounts. As a result of their trace amounts, both compounds are synthetically produced by converting Delta-9 THC or CBD. Delta-8 THC and Delta-9 THC provide a soothing and relaxing effect with a mildly euphoric feeling. However, the euphoria delivered by Delta-10 THC comes with an uplifting and energizing blast of energy.

How Long Does Delta-8 Stay in the Body?

When a person consumes Delta-8 THC-infused product, the compound (Delta-8 THC) metabolizes and is converted to a THC metabolite known as 11-hydroxy-THC. Although Delta-8 THC "high" may not last for more than three to 10 hours, depending on the amount consumed and the method of consumption, its metabolites can remain in the body for several days or weeks. The duration Delta-8 THC metabolites stay in the body depends on several factors, including the following:

  • Body metabolic rate

  • Frequency of Delta-8 THC use

  • Consumption method

  • The amount of Delta-8 THC consumed

Delta-8 THC can remain detectable in hair for up to 90 days after the last consumption. It can stay in the urine and blood for as long as 30 days after the last use, while it may last in the saliva for up to two days.

Does Delta-8 Show Up on a Drug Test in New Mexico?

Individuals who will participate in workplace drug screening in New Mexico should abstain from using or consuming any Delta-8 THC-infused products several days or weeks before the drug test, depending on the type of test. This is because Delta-8 THC, an isomer of Delta-9 THC, will show up on drug tests and make such persons fail the tests. Generally, standard drug tests will show up positive for all THC metabolites, regardless of whether it is Delta-8, Delta-9, or Delta-10. Depending on several factors, such as the amount of the substance consumed and the test methods, Delta-8 THC detection windows vary. Major drug tests use saliva, swabs, hair, blood, and urine as test samples.

Delta-8 THC's detection window in the saliva is relatively short, usually up to two days after consumption. The same goes for swabs. Hair tests are sensitive and can detect Delta-8 THC metabolites in hair follicles for up to 90 days after the last use. The detection window for the substance in blood ranges between two and 30 days, depending on how frequently it is consumed. Employers commonly use urine tests because they can detect Delta-8 THC metabolites in the body for up to 30 days after the last use.

What Happens if You Get Pulled Over with Delta-8 in New Mexico?

Delta-8 THC is psychoactive and can get users high, making it difficult to drive. Hence, driving or operating a motor vehicle while under the influence of a substance like Delta-8 THC is unlawful. Law enforcement in New Mexico can pull a driver over if they suspect that the driver is under the influence. In New Mexico, the consequences of driving under the influence (DUI) of alcohol also apply to driving while impaired (DWI) with Delta-8 THC.

If a law enforcement officer finds out that a person is under the influence of Delta-8 THC, they will arrest the driver for DWI and confiscate the driver's license on the spot. If the driver resists the test, the officer will notify the New Mexico Motor Vehicle Division (MVD) immediately, and the MVD will revoke the driver's license for up to one year. The MVD provides information on DWI in New Mexico and the penalties for offenders. It is not illegal to have Delta-8 THC in one's car in the state. However, the driver must keep it in its original container, sealed and out of reach of the driver.

Where to Buy Delta-8 in New Mexico

The enactment of the New Mexico Hemp Manufacturing Act in 2019 allowed the manufacturing, production, and sale of hemp and hemp-derived products, including Delta-8 THC. Delta-8 THC products are available at various retail shops, including smoke shops, CBD stores, and wellness centers. However, most retail stores prefer to sell to adults 21 years and older and may request to see their IDs to ascertain they are at least 21. Consumers can also purchase Delta-8 THC products from online stores in or outside New Mexico and have the products delivered to them. Because hemp-derived Delta-8 THC is federally legal, out-of-state online stores can ship it to buyers in New Mexico.



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