Is Delta THC Legal in New Mexico?

New Mexico Delta-8 THC Overview >
New Mexico Delta-9 THC Overview >

What is Delta THC?

Delta THCs are the psychoactive chemical compounds known as cannabinoids and found in Cannabis sativa plants. THC is short for tetrahydrocannabinol. Cannabis has several isomers of Delta THC, all with the same chemical formulas but different arrangements of atoms (atomic structure). Most THC isomers are chemically produced via a process called isomerization because they are not naturally abundant in marijuana or hemp plants.

The most popularly researched THC isomers are Delta-8, Delta-9, and Delta-10. Others include Exo-THC, Delta-7 THC, and Delta 6A(10A)-THC. Delta-9 THC is the most common isomer of THC, followed by Delta-8 THC, but research shows that Delta-8 THC is more stable than Delta-9 THC. Delta-10 THC is the least stable among these three popular THC isomers. The Delta THC content in marijuana stimulates neurons and determines the body's response to cannabis when consumed. Typically, THC binds with the CB1 and CB2 receptors in the brain, producing euphoric effects, otherwise known as "high" felt by marijuana consumers.

Besides THC, some other cannabinoids are also gaining entry into the cannabis market and are now being sold as THC products. These include THC-P, THC-O, THCV, THCjd, HHC, HHC-O, and THCh. Research has shown that THC-P and THCh produce strong psychoactive effects and may be the most potent forms of THC in the hemp plant. THC-V is reputed as an effective appetite suppressant, and THC-O is believed to be three times more potent than Delta-9 THC.




THC (tetrahydrocannabinol) and CBD (cannabidiol) are chemical components of cannabis plants, and they are both found in the hemp and marijuana varieties of Cannabis sativa plants. However, CBD is more abundant in hemp than in marijuana. Similarly, marijuana has more THC content than CBD. CBD is not psychoactive, but THC has a psychoactive property, which is responsible for the "high" that marijuana consumers feel. Although both cannabinoids interact with the endocannabinoid system, CBD does not bind as much with the brain's cannabinoid receptors because it lacks psychoactive effects. On the other hand, THC can bind with the main cannabinoid receptors and cause the euphoric feelings associated with consuming marijuana.

Both THC and CBD have been shown to help manage or treat certain conditions. People commonly use CBD to manage/treat depression, pain, inflammation, seizures, migraine, anxiety, and mental disorders. THC's potential uses are seen in treating insomnia, muscle spasticity, low appetite, glaucoma, pain, nausea, and anxiety. While THC will show up on drug tests, CBD isolate or spectrum CBD may not. However, a person using hemp-based CBD products with a legally-permitted THC content (0.3% THC or less) may test positive for THC on a drug test.

What is Delta-8 THC?

Delta-8 THC is one of the numerous cannabinoids in _Cannabis sativa _plants. However, unlike Delta-9 THC, it is only present naturally in small quantities in marijuana and hemp and is often produced synthetically, mostly from hemp-derived CBD. Delta-8 THC is psychoactive and can get consumers high. However, it is less potent than Delta-9 THC and produces feelings such as relaxation and euphoria.

Delta-8 THC can show up on drug tests because standard drug tests meant for detecting Delta-9 THC can hardly differentiate between cannabinoids. Hence, Delta-8 THC consumers have the tendency to test positive for drug tests. However, how long it stays in the body varies, depending on factors such as the consumer's body metabolism, how often they consume Delta-8 THC, and the amount used. Based on these factors, Delta-8 THC can remain in the blood for up to 25 days, urine for up to 49 days, hair for up to 90 days, and saliva for up to 30 days.

Despite its purported benefits, Delta-8 THC has some side effects when consumed. According to the United States Food and Drug Administration (FDA), vomiting, anxiety, confusion, hallucinations, loss of consciousness, and dizziness are some of the effects of consuming Delta-8 THC. It may provide benefits such as relaxation, pain relief, better focus, and improved appetite.

Is Delta-8 THC Legal in New Mexico?

Yes, Delta-8 THC, like other derivatives of hemp with no more than 0.3% THC, is legal in New Mexico. Following the enactment of the New Mexico Hemp Manufacturing Act in 2019, cannabis derivatives containing no more than 0.3% THC became legal. Consequently, Delta-8 THC also became legal in the state and is available for sale in local stores and online. Delta-8 THC products are commonly available as vapes, oils, topicals, and distillates in New Mexico. They can also be purchased online from out-of-state stores and shipped to New Mexico.

What is Delta-9 THC?

Delta-9 THC, commonly referred to simply as THC, is the primary reason many people want to consume cannabis. It is the most prevalent and active chemical compound in Cannabis sativa plants. Delta-9 THC interacts with the body's endocannabinoids to make cannabis users feel high or intoxicated. Common effects felt by Delta-9 THC users include relaxation, increased energy, better focus, sleepiness, and euphoria. The side effects of Delta-9 THC include panic attacks, increased blood pressure, increased heart rate, hallucinations, anxiety, and mental cloudiness.

Conventional drug tests can detect Delta-9 THC in the body for days and several weeks as it can remain in the system for some time after consumption. Depending on some factors, blood tests can detect Delta-9 THC in the body for up to 30 days after the last use, and saliva tests anywhere between 72 hours and 29 days. Similarly, Delta-9 THC can remain detectable in urine anywhere between 3 days and 30 days, depending on the frequency of use. Hair drug tests can detect Delta-9 THC metabolites for up to 90 days after the last consumption.

Is Delta-9 THC Legal in New Mexico?

Yes. New Mexico permits the cultivation, sale, and use of hemp-derived Delta-9 THC in line with the 2018 Farm Bill. Not so long after the passage of the 2018 Farm Bill, New Mexico passed HB 581, otherwise called the New Mexico Hemp Manufacturing Act, legalizing hemp and its derivatives, including Delta-9 THC. However, hemp-based Delta-9 THC may only contain 0.3% THC or less to be considered legal. Marijuana-derived Delta-9 THC also became legal after the state enacted the Cannabis Regulation Act in 2021, permitting adults 21 years and older to consume marijuana for recreational purposes.

Hemp-derived Delta-9 THC products are safe when consumed reasonably and are available for sale in New Mexico. Consumers can purchase them online and have the products delivered to them within the state. They can also be shipped from other states because Delta-9 THC derived from hemp with no more than 0.3% THC is legal at the federal level. Similarly, several local retail stores have hemp-based Delta-9 THC on their shelves for sale. Marijuana-based Delta-9 THC products can only be purchased from any New Mexico-licensed cannabis dispensary.

What is Delta-10 THC?

Delta-10 THC is another form of THC in Cannabis sativa plants, but the amount in the plant is very insignificant, unlike Delta-9 THC. It is mostly synthetically manufactured when required for commercial-scale production. While it is psychoactive and can make consumers high, Delta-10 THC is less potent than Delta-9 THC and Delta-8 THC and cannot produce the levels of intoxication caused by Delta-9 THC and Delta-8 THC. Typically, Delta-10 THC provides energizing and relaxing effects when consumed.

Delta-10 THC can make one fail a drug test because it is derived from hemp and contains traces of Delta-9 THC. Generally, how long it stays in the body depends on several factors, part of which is the consumption method (smoking or ingestion). Delta-10 THC detection windows for blood, hair, urine, and saliva samples are similar to those of Delta-9 THC when subjected to drug tests.

Is Delta-10 THC Legal in New Mexico?

Delta-10 THC is legal in New Mexico under the state's Hemp Manufacturing Act, which made isomers of THC, including Delta-10 THC, legal. However, Delta-10 THC products must contain no more than 0.3% THC on a dry weight basis to be considered legal in New Mexico. Delta-10 THC products like gummies, capsules, vape cartridges, tinctures, disposable cartridges, and wax dabs are available for sale in local vape stores in New Mexico. Residents who want the convenience of shopping can also purchase Delta-10 THC products online in the state. Most online Delta-10 THC and CBD stores offer broad selections of high-grade Delta-10 THC products from reliable brands. Delta-10 THC products purchased online in New Mexico can be delivered to buyers' local addresses.

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