Delta-8 THC Laws and Regulations in New Mexico

Delta 8 New Mexico

You’re familiar with traditional THC, aka Delta-9. You probably know all about cannabidiol (CBD) as well. Now it’s time for an encounter with Delta-9’s sibling or a compound with an almost identical chemical structure we’re talking about Delta-8 tetrahydrocannabinol. 

As a New Mexico resident, you probably want to know whether D-8 is legal in the Land of Enchantment. And if it is, where to buy top-shelf, safe, and tested products?  

Is It Legal: New Mexico Delta-8 Laws 

The short and simple answer is: YES! Hemp-derived Delta-8 is LEGAL in New Mexico.

What Is Delta-8? 

Delta-8 tetrahydrocannabinol is a cannabinoid naturally found in the hemp plant in minuscule concentrations (less than 0.1%). This hemp derivative is known for its ability to cause a “mild,” clear-headed high without the intense sensation of anxiety and paranoia. Research shows that D-8 is half as potent as Delta-9 when consumed at the same dose. 

D-8 is stronger than cannabidiol (CBD) but a less stimulating, euphoric, and overall less potent version of D-9 THC. Chemically, these two tetrahydrocannabinols are almost identical. The only difference is in the location of the double bond or the bond presumably responsible for THC’s intoxicating properties.

Where to Buy Delta-8 in New Mexico

If you’ve meant to try it, you want to know where to get quality Delta-8 products.  

With the uncertainty surrounding this cannabinoid, the best alternative is to order your D-8 products online. Mr. Hemp Flower is a licensed, trusted hemp-cannabinoid brand that values the importance of hemp and its benefits. We’ve been on the market since 2016, offering safe and tested products that have been carefully screened for quality. We use legal, USA-grown hemp made under standard compliant with the 2018 Farm Bill in our manufacturing process.

With each product you buy from us, you get a Certificate of Analysis that proves the product has been screened for quality, and you know what goes in your body. If a brand doesn’t offer lab tests on D-8 products, run in the opposite direction because you can’t possibly know what’s in that product. 

Therefore, it’s best to avoid buying from businesses that are not in the industry of hemp cannabinoids and businesses that don’t offer proof of quality screening.  

Why Mr. Hemp Flower? 

We’re all about providing top-shelf, tested full spectrum hemp products. Delta-8 is legal in New Mexico, so you can safely order any product from our website. We’ve optimized our product line to suit everyone’s preferences. It doesn’t matter if you’re looking for D-8 pre-rolls or something more fun like sugar-free D-8 gummies, we’ve got your back.

If you’re into dabbing, try an excellent CBD + D-8 Hash concentrate. For the easiest dosing alternative, we offer soft gel capsules. Each product comes with a Certificate of Analysis and odor-free, discreet packaging. 

Continued, Is Delta-8 Legal in New Mexico? 

YES, hemp-derived Delta-8 THC is LEGAL in New Mexico. 

After the passage of the 2018 Farm Bill, the state legalized hemp and any part of the plant, including all derivatives, extract, cannabinoids, isomers, acids, salts and salts of isomers with Delta-9 THC concentration of no more than 0.3% on a dry weight basis. 

New Mexico makes a specific exception for hemp-derived products in its Controlled Substances Act. State law lists marijuana-derived tetrahydrocannabinols as controlled substances but makes it clear that it doesn’t include legally grown hemp. This means that hemp-derived D-8 THC is not a Controlled Substance in New Mexico. 

Delta-8 THC and Federal Law 

The legality of Delta-8 on a federal level is complicated. 

The main topic of discussion is whether Delta-8 THC is synthetic. As you probably know, D-8 is present in insufficient amounts in the hemp plant (less than 0.1%). Naturally low levels of this hemp derivative make it challenging for manufacturers to extract it in its organic form. 

As an alternative, they chemically process hemp-derived cannabidiol (CBD) and create D-8 THC. This process of “creating” D-8 from another compound instead of extracting it organically from the hemp plant is the main reason D-8 might be considered a synthetic tetrahydrocannabinol. 

Synthetic tetrahydrocannabinols, like Spice and K2, are controlled substances under federal law. They are lab-made chemicals with potentially dangerous mind-altering properties. Synthetic THCs have nothing in common with real tetrahydrocannabinols like Delta-8 and Delta-9 THC. They are different in their chemical structure and are made without the involvement of cannabis plant material.  

D-8, on the other hand, is clearly NOT a synthetically-derived THC, but it’s fair to say that it’s also not a “naturally extracted one.” The issue is that federal law doesn’t explicitly define the term “synthetically-derived tetrahydrocannabinols.” It’s clear that D-8 made from hemp CBD is not an artificial cannabinoid and leans more to the natural side. 

In 2020, the Drug Enforcement Administration (DEA) issued a report that stated: “all synthetically derived tetrahydrocannabinols remain Schedule I substances.” This seemed like an indirect effort to address the sudden surge of D-8 THC products on the market. But, the report only brought further confusion. 

Most experts agree that D-8 is a legal hemp-derived tetrahydrocannabinol because its legality is covered by the 2018 Farm Bill. However, they also note that this compound can get the user “high,” which is why it doesn’t quite fit in the definition of hemp and its cannabinoids. 

Bottom line

As of this writing, Delta-8 is legal to buy in New Mexico. The Land of Enchantment hasn’t explicitly banned hemp-derived D-8. Residents of New Mexico can order D-8 THC products online safely and discreetly. 

Delta 8 New Mexico Laws

Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 Gummies

All Delta 9 Products


Yes, it is still legal to buy in New Mexico. You can find it at local shops, but the best option is to order it online.

The safest route to quality D-8 products is to order them online from licensed hemp cannabinoid shops like Mr. Hemp Flower.

Get it till it’s available! Residents of New Mexico can shop a wide range of D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted this hemp derivative, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Absolutely! D-8 is as safe as any other hemp cannabinoid. Issues from consuming this compound can appear only from low-quality products.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times. 

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