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Let’s Talk Delta-8 State Legality: New Mexico

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Let’s Talk Delta-8 State Legality: New Mexico

New Mexico is where Breaking Bad was set but I can’t make any judgments based on a fictional show. The state passed the Senate Bill 523 in 2007 which legalized medical marijuana with certain stipulations. The typical ones such as it need to come from a state registered dispensary. The state has yet to legalize recreational so being in possession still carries penalties. If you are carrying more than half an ounce it may result in a fine of $50 dollars or more based on the amount. As far as delta-8 THC goes, New Mexico has taken the necessary precautions to remove it from the Controlled Substance Act despite its neighbor’s decisions (Colorado, and Arizona). So, Delta-8 THC is legal in the state of New Mexico.

HEMP FINAL RULE – 20.10.2 NMAC HEMP EXTRACTION, PRODUCTION, TRANSPORTATION, WAREHOUSING, AND TESTING

20.10.2.7 DEFINITIONS

  1. “Cannabis sativa L.” means the plant cannabis sativa L. and any part of the plant, whether growing or not.
  2. “CBD” means cannabidiol and is a cannabinoid and the primary non-psychoactive ingredient found in hemp.
  3. “Hemp” means the plant cannabis sativa L. and any part of that plant, including seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration of not more than three-tenths percent on a dry weight basis.
  4. “Hemp-derived material” means any material containing THC in any concentration derived from cannabis sativa L. through any activity authorized pursuant to the act.
  5. “Hemp extract” means oil and extracts, including cannabidiol, cannabidiolic acid, and other identified and non-identified compounds derived from hemp.
  6. “Hemp finished product” means a hemp product that is intended for retail sale and containing hemp or hemp extracts for human consumption, absorption, or inhalation that has a THC concentration of not more than three-tenths of one percent (0.30%).
  7. “Hemp products” means hemp, hemp-derived material, hemp extract, and hemp finished product.
  8. “THC” means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a postdecarboxylation method and based on percentage dry weight.

Chapter 84

30-31-2. DEFINITIONS. As used in the Controlled Substances Act:

  1. “hemp” means the plant Cannabis sativa L. and any part of that plant, including seeds 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 three-tenths percent on a dry weight basis;

“30-31-6. SCHEDULE I. The following controlled substances are included in Schedule I:

  1. the enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:

(1) hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(2) cultivation of hemp by persons pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture;

(3) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols with concentrations of up to five percent as measured using a post-decarboxylation method and based on percentage dry weight, possessed by a person in connection with the cultivation, transportation, testing, researching, manufacturing or other processing of the plant Cannabis sativa L., or any part of the plant whether growing or not, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(4) tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, including tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols in any concentration possessed by a person in connection with the extraction of tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinols, if authorized pursuant to rules promulgated, pursuant to the Hemp Manufacturing Act, by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture or the department of environment;

(5) the use of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol by certified patients pursuant to the Controlled Substances Therapeutic Research Act or by qualified patients pursuant to the provisions of the Lynn and Erin Compassionate Use Act; or

(6) the use, dispensing, possession, prescribing, storage or transport of a prescription drug that the United States food and drug administration has approved and that contains marijuana, a tetrahydrocannabinol derivative or a chemical derivative of tetrahydrocannabinol;