Is Delta-8 Legal in New Mexico?

Hemp-derived Delta-8 THC is legal in New Mexico according to the Farm Bill and New Mexico’s own rules. Did you know New Mexico had the first ever medical cannabis law? Keep reading for more info. Click here to order premium Delta-8 from Earthy Select!

What is Delta-8?

Delta-8 tetrahydrocannabinol (THC) is a cannabinoid, which just means it is one of the many substances that comes from the cannabis plant. Cannabinoids from plants are specifically called phytocannabinoids, and there are hundreds of them. When cannabinoids are consumed, they have an effect on the human endocannabinoid system (ECS).

The ECS uses the cannabinoids as neuromodulators that work with the cannabinoid receptors throughout the human body. Scientists are still actively studying the ECS, but researchers link it to regulating physiological and cognitive processes, pain-sensation, immune system activities, appetite, mood, memory, and in mediating the effects of cannabis [1].

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which will be discussed in the next section.

Most states including New Mexico are onboard with Delta-8. Even though the state has legalized marijuana, a lot of consumers prefer the feeling of Delta-8 as an alternative to high-THC marijuana. Some people like both and use each for different purposes. The freedom to choose is definitely a benefit to living in New Mexico.

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. THC is one of the hundreds of identified cannabinoids from the cannabis plant, and it is the main psychoactive substance in cannabis.

What is an isomer? An isomer is each of two or more compounds with the same formula but a different arrangement of atoms in the molecule and with different properties.

The molecules that make these three types of THC are very similar in form, but a small structural difference is evident in where a double-bond occurs. For Delta-8 it is on the eighth carbon chain, for Delta-9 the ninth carbon chain, and for Delta-10 the tenth carbon chain. These minimal chemical variations do make a difference. Research shows that Delta-8 and Delta-10 share many of the effects of Delta-9, although typically at lower levels [2].

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America?

What does “hemp-derived” mean?

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. Hemp is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use [3]. It is refined and used in a very wide range of commercial products. Because of its relation to marijuana, coming from the same cannabis plant, hemp has faced uneven legality in the U.S. and other countries, despite being a sustainable powerhouse of a resource.

Hemp-derived means made from hemp, sometimes also referred to as industrial hemp. 2018 Farm Bill (see next section) established new legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be legally used for production, sales, transport, and use.

Hemp and hemp derivatives include many cannabinoids like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. These cannabinoids and others in hemp extracts are federally-compliant for use in inhalable, edible, and topical products.

Does the Farm Bill really make Delta-8 THC legal everywhere?

The Farm Bill legalized hemp and Delta-8 throughout the United States. For many years in the U.S., cannabis was illegal whether or not it contained THC, its main psychoactive chemical, which occurs naturally in the cannabis plant.

In 2018, the United States Congress enacted a groundbreaking piece of law, known as the 2018 Farm Bill. The legislation defines cannabis with less than .3% of Delta-9 THC per dry weight as hemp and allows it in all 50 states. Cannabis with more than .3% Delta-9 THC per dry weight is defined as marijuana and is still a federally controlled substance on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis with more than .3% Delta-9 THC.

The Bill defines hemp as:

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

All THC isomers in Earthy Select products are made exclusively from organically-grown, federally-compliant, third-party tested hemp.

Most states passed similar laws in the year or years following the Farm Bill’s enactment like the Hemp Manufacturing Act, making hemp derived material, hemp extract, and any products from hemp plants legal to produce. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products and cannabinoids. That’s the case in New Mexico too, which developed an extensive hemp program through its Environmental Protection legislation, which followed the Farm Bill’s lead [4].

How do you buy high quality Delta-8 in New Mexico?

Finding great Delta-8 isn’t complicated. The best way is to buy directly from trusted brands like Earthy Select who follow safe manufacturing standards and use third-party testing to ensure a clean and potent product. If processing of Delta-8 is done poorly, it can lead to degradation of the compound, inaccurate potency, or harmful by-products.

The production methods and standards of Delta-8 THC are critical for its quality, safety and legality. You should always buy from companies who provide a certificate of analysis (CoA) for each product. A CoA is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides.

Transparency promotes trust and reliability between producers, wholesalers, retailers and purchasers.

Producers should only use third-party lab testing and publish the CoA results where buyers can access them. This transparency promotes trust and reliability between producers, wholesalers, retailers and purchasers. Labs that are registered with the Drug Enforcement Agency (DEA) and International Standards Organization (ISO) and other regulating entities follow federal regulations and are trusted to ensure federal-compliance with Delta-8 and other hemp-derived products.

Earthy Select provides the highest quality Delta-8 THC and offers third-party CoAs for each and every product, including rich and potent Delta-8 and Delta-10 Oils which are non-GMO, gluten free and vegan!

Where exactly is Delta-8 THC legal?

According to the 2018 Farm Bill, all hemp-derived cannabinoids are federally-compliant as long as they contain less than .3% Delta-9 THC concentration percentage dry weight. This means that Delta-8 is not a federally-controlled substance if it is from hemp, and it contains less than .3% Delta-9 THC concentration percentage dry weight.

The federal government allows hemp and hemp-derived Delta-8 THC products nationally and will not limit their transportation across state lines. States still have the ability to limit Delta-8 or other cannabinoids within their own borders. It’s confusing for Americans but is the current situation. New Mexico is in a good position. To learn about all 50 states, read Is Delta-8 THC Legal in Your State?

Where can I buy Delta-8 in New Mexico?

New Mexico is a big state – the fifth largest in the country! Delta-8 is available at shops everywhere, from Shiprock to Jal. You may prefer to use the convenient privacy of Earthy Select’s direct mail order service! We sell potent Delta-8 gummies, flower, lozenges, tablets, oils and vapes and we ship nationwide.

Delta-8 and the law in New Mexico

Hemp-derived Delta-8 THC is legal in New Mexico according to the Farm Bill and New Mexico’s own rules. It is a friendly state for cannabis enthusiasts since the state has recently adopted recreational marijuana use, after decriminalizing it in 2019. Hemp derived products are also legal in New Mexico, CBD oil being a huge part of the industry. CBD is the primary non psychoactive ingredient in hemp products.

The New Mexico Hemp Program falls under NMAC 20.10.2 which uses the same definitions for hemp as the federal government, and removes it from the controlled substance list. Hemp and hemp-derived products like Delta-8 are thus allowed for sale and human consumption.

In 2021, House Bill 2, also known as the Cannabis Regulation Act, passed. The Bill legalized recreational use of cannabis for adults, who may have up to 2 ounces with no penalty [4].

New Mexico has a Medical Cannabis Program too which was legalized in 2007. Long before that in 1978 New Mexico passed the first state legislation changed the legal status allowing the use of medical marijuana. It was a Food and Drug Administration (FDA) approved research program called the Controlled Substances Therapeutic Research Act. It operated for approximately 8 years and involved 250 cancer patients [5].

Part of New Mexico’s 1978 legislation involved the Erin compassionate use act. The purpose of the Lynn and Erin Compassionate Use Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments. Qualified patients pursuant of medical cannabis will not be subject to arrest, prosecution or penalty in any manner for the possession of or the medical use of cannabis if the quantity of cannabis does not exceed an adequate supply under New Mexico law.

Closing thoughts on Delta-8 in New Mexico

New Mexicans love Delta-8! For the best products out there, ordering from Earthy Select is the right solution. You’ll love Earthy Select’s premium Delta-8 and we ship nationwide!

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality of cannabinoids and the science of cannabis is evolving. The author is neither a lawyer or a legal expert, nor a doctor or medical expert. You should check with your local authorities and medical providers before buying or using any products.

References

Frequently Asked Questions

Is Delta-8 Legal in New Mexico?

Hemp-derived Delta-8 THC is legal in New Mexico according to the Farm Bill and New Mexico’s own rules.

Can you get high on Delta-8 in New Mexico?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry. You may feel “high” after using THC products so we strongly recommend you use them responsibly.

What is a COA?

A certificate of analysis (COA) is a document issued by a laboratory, attesting to a product’s analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides. It is a useful tool for cannabis producers and customers to ensure quality and trust.

What are the real effects of Delta-8?

When using Delta-8, Delta-9, and Delta-10 THC products, users report feelings of relaxation, euphoria, creativity, focus and pleasure. Some people like to compare the effects to those of traditional adult-use cannabis products.

The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

How much Delta-8 should you take?

Products with THC, even at low dosages, have the potential to produce psychoactive and therapeutic effects. While our products have a suggested dosage listed on each package, the strength of the effects on a particular person will be different depending on a few things: the dosage level, body weight, food or other substances in the system, personal body chemistry, and experience level or tolerance of THC.

Generally speaking, it is recommended that you start with the lowest dose, ie. 5mg to 10mg, and gradually increase it until you reach satisfactory results. Consult your healthcare provider with specific questions about using any therapeutic products.

Can I order Delta-8 online for delivery?

Yes! Delta-8 and other hemp-derived products with less than .3% Delta-9 THC are federally legal to ship across state lines. Certain states have limitations within their borders, and these can change. You should stay aware of your local regulations, and let your representatives know your community’s thoughts on cannabis!

Will Delta-8 show up on a drug test?

Yes. It will depend on dosage size and regularity of use, but there is a risk of failing a drug test. Drug tests for marijuana generally identify THC or its metabolites, and Delta-8 THC can make a person fail a drug test. If you anticipate taking a drug test, we suggest checking with your employer or test administrator for clarity prior to taking Delta-8 or any full spectrum products.