Have you seen Delta-8’s close relative and novel cannabinoid Delta-10 THC around stores in New Mexico? If you want to try it, you’re probably wondering if this substance is legal in the Land of Enchantment. If so, where to buy the best and purest Delta-10 THC products? Let’s look at the current laws & regulations surrounding hemp tetrahydrocannabinols in the state.
Is It Legal: New Mexico Delta-10 THC Laws
The short and simple answer is: YES! Delta-10 THC is LEGAL in New Mexico.
What Is Delta-10 THC?
Delta-10 tetrahydrocannabinol (D-10 THC) is a recently discovered hemp cannabinoid that occurs in the plant in nearly untraceable amounts. A lab in California accidentally revealed this substance in contaminated cannabis and confused it with cannabichromene (CBC) because they’ve never encountered it before.
The effects of D-10 THC resemble typical tetrahydrocannabinol features, with some differences. This substance gives the user a mild and uplifting high because it’s twice less potent than Delta-9 THC. Delta-10 is similar in potency to Delta-8 THC but differs in effects. Users who’ve tried both reveal that Delta-8 THC’s features are closer to indica cannabinoid strains, while Delta-10 THC to sativa cannabis strains.
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Continued, Is Delta-10 THC Legal in New Mexico?
New Mexico hasn’t expressly banned the manufacture and sale of hemp-derived Delta-10 THC products.
New Mexico legalized hemp and all hemp derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers with a Delta-9 THC concentration of not more than 0.3 percent. The Land of Enchantment also defines “hemp extract” as “oils and extracts, including cannabidiol, cannabidiolic acid, and other identified and non-identified compounds derived from hemp.”
Marijuana is illegal in New Mexico, but the state updated their Controlled Substances Act to exempt hemp-derived products from the section of “tetrahydrocannabinols.” As of this writing, the state hasn’t proposed any legislation concerning hemp tetrahydrocannabinols like Delta-10 THC. This means that this cannabinoid is unregulated but legal to buy in New Mexico.
Delta-10 THC and Federal Law
The legal status of Delta-10 THC on a federal level is murky for two main reasons:
- It’s an intoxicating cannabinoid
- It’s made through chemical synthesis in a lab
The 2018 Farm Bill explicitly left out “tetrahydrocannabinols in hemp” from the federal list of controlled substances. Delta-10 THC is a hemp derivative and should technically fall under the Farm Bill. But because it’s an intoxicating cannabinoid and is made in a lab, things get a bit complicated.
The Agriculture Improvement Act of 2018 or the “Farm Bill” doesn’t cover the legal status of “synthetically derived tetrahydrocannabinols.” This means that Delta-10 THC, which is semi-synthetic, would remain illegal under federal law if deemed a synthetically derived cannabinoid. Federal law doesn’t explicitly define the term “synthetic,” which creates the biggest confusion over the legality of hemp tetrahydrocannabinols like Delta-8 and Delta-10 THC.
So, when the Drug Enforcement Administration released the Interim Final Rule, they stated that all synthetic THCs remain Schedule I Controlled Substances. But, due to the Farm Bill loophole and lack of clarification around which substances are considered “synthetically derived,” the legality of this compound remains in a gray area.
That said, the biggest hurdle around D-10’s legality is its intoxicating nature. According to the U.S. Cannabis Council, the Act doesn’t legalize the production of psychoactive drugs regardless of the input material used to manufacture them, and therefore, there’s no legal loophole. As of this writing, the industry awaits the release of the Final Rule by the DEA for clarification on the legality of hemp tetrahydrocannabinols.
New Mexico hasn’t expressly banned the distribution and sale of hemp-derived Delta-10 THC. For now, this substance is legal to buy in the Land of Enchantment. For the best D-10 products in New Mexico, go for an established and reliable brand like Mr. Hemp Flower.