Delta 8 THC Laws and Regulations in New Mexico

Delta 8 New Mexico

Delta 8 THC derived from hemp is legal in New Mexico. 

The state synchronized its hemp law with the Farm Bill of 2018 and enacted state laws that legalized hemp and hemp products. So far, there hasn’t been any ban on delta 8 THC in this state. Let’s take a look at the D8 laws in New Mexico. 

Last Update: June 16, 2024


  • Delta 8 THC products derived from hemp are legal in New Mexico.
  • The New Mexico Hemp Manufacturing Act defined hemp as any C. sativa plant with a THC concentration that’s less than 0.3%.
  • You can order your favorite delta 8 product online if you live in New Mexico or purchase in local shops.
  • Mr. Hemp Flower offers a range of premium delta 8 THC products, including gummies, pre-rolls, and flower coated with delta 8 oil.

Is Delta 8 THC Legal in New Mexico? 

Yes, hemp-derived delta 8 THC is legal in New Mexico.

After the enactment of the 2018 Farm Bill, the state legalized hemp and any part of the plant under HB 581 or the New Mexico Hemp Manufacturing Act.

This bill legalized all derivatives, extracts, 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 clarifies that it doesn’t include THCs derived from legally grown hemp. This means that hemp-derived D8 THC is not a Controlled Substance in New Mexico.

With that said, the state hasn’t explicitly banned or restricted the sale and possession of this cannabinoid. 

This state has noted quite the progress in recent years with the legalization of hemp and marijuana as well. They legalized recreational marijuana in 2021, and sales began on April 1, 2022.

Read more: State-by-State Legality of Delta 8 THC

Where to Buy Delta 8 THC in New Mexico?

The best option to try delta 8 THC is to order 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 compliant with the 2018 Farm Bill crafted under high manufacturing standards.

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 into your body. 

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 D8 pre-rolls or something more fun like sugar-free D8 gummies, we’ve got your back.

For the easiest dosing alternative, we offer soft gel capsules. Each product comes with a Certificate of Analysis and odor-free, discreet packaging. 

What is Delta 8 THC? 

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 D8 is half as potent as delta 9 when consumed at the same dose. 

D8 is stronger than cannabidiol (CBD) but a less stimulating, euphoric, and overall less potent version of D9 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.

Delta 8 THC and Federal Law 

The legality of delta 8 on a federal level is complicated. 

As you probably know, D8 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 D8 THC. This process of “creating” D8 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.  

D8, 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 D8 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 D8 THC products on the market. But, the report only brought further confusion. 

Most experts agree that D8 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. 

Final Thoughts

New Mexico is thriving when it comes to hemp and marijuana. Delta-8 THC products derived from hemp are completely legal in this state and there are no current bans.

This means you can legally buy, use, and possess products that contain this cannabinoid. Interestingly, the state has also legalized marijuana, both recreational and medical, in 2021. 

Delta 8 New Mexico Laws

Be Sure to Check Out: 

All Our Delta 8 Products

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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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