Just when we began to think every new and exciting thing in marijuana had already been created, Surprise! In walks delta 8 THC. This new and exciting hemp derived THC gives users the euphoric experience they’re looking for, but without the negative side effects.

As a bonus, this hemp derived material is entirely legal in New Mexico.

It’s no secret the country is moving forward with legalizing marijuana; however, the process is slow, and each state has the right to make its own regulations. The process is being sped up thanks to the federal decriminalization of hemp products (delta 8 and delta 10 THC).

Is Delta 8 Legal in New Mexico?

Yes. Delta 8 THC is legal in New Mexico

According to the new definitions listed in the New Mexico Hemp Manufacturing Act, enacted on January 28, 2020, a hemp plant (Cannabis sativa L) is defined as having a THC concentration of less than 0.3 percentage by dry weight and post-decarboxylation methods.

In this act, all associated hemp derivatives, isomers, cannabinoids, and other non-identified compounds derived from industrial hemp are legal within the state. This act serves as a modification of the state’s Environmental Protect Act.

Unlike other states which allow hemp and hemp derived cannabinoids though, New Mexico law has also included specific regulations regarding the transportation, processing, extraction, and manufacturing of hemp products. This set of mandatory regulatory standards under the state’s Hemp Final Rule is meant to increase consumer safety when it comes to these substances.

The legality of delta 8 THC was greatly impacted by the federally passed Farm Bill in 2018. This federal law removed the ambiguity around hemp, CBD, and other chemical derivatives by clearly distinguishing hemp from marijuana. It declassified hemp from the list of Schedule 1 compounds under the Controlled Substances Act.

The 2018 Farm Bill and Its Loophole

The 2018 Farm Bill legalized hemp and its parts, including but not limited to its flowers, leaves, stems, stalks, and all types of hemp extracts. This also means hemp and its chemical derivatives are now federally legal — from CBD, the primary non-psychoactive ingredient in the plant, to hemp derived delta 9 THC and other psychoactive THC isomers such as delta 8 and delta 10.

However, hemp’s THC content must not go over 0.3 percentage dry weight for it to be legal. Anything more than this limit is considered marijuana and federally illegal.

Products containing intoxicating cannabinoids derived from hemp became widely available nationwide, with retail sales highest in non-legal states. You’ll see such cannabis products not only in smoke shops, head shops, online stores, and even CBD and wellness centers, but also in convenience stores, corner shops, and gas stations.

While this bill led to a booming hemp industry across the nation, it also raised public health and safety concerns, especially since some untested products are unfit for human consumption and contain harmful byproducts.

Many states have aligned their hemp laws with those of the government and allowed the sale and use of psychoactive hemp pursuant to the federal and state-specific laws. However, several have also placed strict restrictions or fully banned them. In some states, the following controlled substances are banned — delta 8, delta 10, HHC, THCV, and THCP.

New Mexico residents have access to these products. The rules promulgated by the New Mexico Department of Agriculture and the New Mexico State University’s Board of Regents state that, for hemp finished products to be legal, they should be sourced from industrial hemp or any cannabis plant that contains THC in any concentration, derived from the plant and extracted using any activity authorized pursuant to state law.

In 2025 though, House Bill 346 was introduced that, if passed, would ban all forms of semi-synthetic and synthetic cannabinoids. This would include delta 8, delta 10, HHC, and other cannabinoids synthesized from hemp CBD.

What About Delta 10 THC?

Delta 10 THC falls under the same regulations as delta 8 THC and is therefore legal.

The state permits the manufacturing of any Cannabis sativa plant compound that is not delta 9 THC.

Delta 8 and delta 10 THC is very similar in the effects they produce. The major difference is users report delta 8 THC having a calming euphoric effect similar to Cannabis indica, while delta 10 THC produces uplifting effects similar to Cannabis sativa.

Where to Buy Delta 8 THC in New Mexico

Many retailers and local stores have begun to sell delta 8 THC. As brick and mortar medicinal marijuana storefronts continue to open up, some of these products can be found there.

We may be a bit biased, but ordering online is the way to go. When you buy delta 8 THC online directly from the manufacturer, you’re much more likely to get a fresh batch, and it’s going to be cheaper overall. Fewer hands are being exchanged that can jack up the price.

Additionally, online businesses (including us) have much lower operational costs, enabling us to give some pretty decent discounts throughout the year that a storefront couldn’t afford.

Most importantly, since this is a new product with little standards regulation, purchasing online allows you to look at third-party testing reports. These tests are the only way for a company to guarantee the potency and quality of their products are exactly as they claim.

Do I Need A Medical Card in New Mexico To Order Delta 8 THC?

You do not need a medical card to purchase delta 8 THC in New Mexico. Since this substance is derived from CBD, and made from hemp, it falls under the same laws. Only delta 9 THC products derived from marijuana plants with THC concentrations above 0.3% require a medical card.

Currently, the user must be at least 18 years of age to purchase CBD in the state. This age restriction also applies to delta 8 THC. However, some companies have imposed a minimum age requirement of 21 years old.

What’s The Difference Between Delta 8 THC & Delta 9 THC?

At first glance, delta 8 THC and delta 9 THC look virtually identical. However, they have a very subtle yet important molecular difference. The delta 8 THC molecule has a double bond on the 8th carbon atom in its molecular chain. Delta 9 THC, on the other hand, has the same double bond but on the 9th carbon atom in the chain.

This small change results in a much larger difference when it comes to the user experience. Delta 8 THC is approximately 50% less potent than its delta 9 THC counterparts. While both substances are still psychoactive compounds that produce euphoric effects, users do not experience the same intensity when using delta 8 products.

The second difference is in how these compounds are extracted. Delta 8 THC is made from CBD, which has been derived from the hemp plant. However, delta 9 THC is extracted from the marijuana plant. These plants are classified as Cannabis sativa with THC concentrations greater than 0.3%.

Is Delta 8 THC Natural?

The word “natural” is thrown around very loosely these days.

From a psychological perspective, we hear the word and immediately think it’s a product or substance found in nature and has a minimal level of human intervention.

However, from a regulatory standpoint, there’s very little meaning to the word. There are no minimum standard requirements for a company to adhere to before applying an “all-natural” label. This means a company can create a fully synthetic product in a lab and still call it “natural.”

Because of the lack of regulation, this is most likely why the DEA and other regulators do not consider delta 8 THC to be “synthetic.” The fact remains that delta 8 THC is made by coercing one naturally occurring molecule into another naturally occurring molecule through a process that already happens in nature.

Most legal experts agree delta 8 THC doesn’t fit the definition for synthetic, nor synthetically derived. This molecule is made in nature without any human intervention.

How to Use Delta 8 THC

Possibly one of the best features of delta 8 is the versatility in which it can be administered. This unique product can be found in many forms, including:

• Smoking and vapes
• Tinctures
• Gummies and Edibles
• Distillates or oils
• Sprays
• Body Lotions

Since this is a relatively new product, it can be challenging to find the correct dosage. It’s recommended when first experimenting with delta 8 to start with a small dose and gradually increase depending on how you feel. Remember, certain administration pathways are more potent than others. For instance, when inhaling delta 8 THC, users can feel the effects within 15–20 minutes, but if it’s ingested orally (tinctures and gummies), it can take up to 90 minutes to feel the effects.

Is Marijuana (Delta 9 THC) Legal in New Mexico?

Yes, marijuana and products with high THC levels are legal in New Mexico, the state having legalized medical and recreational purposes in 2007 and 2021, respectively.

The Lynn and Erin Compassionate Use Act of New Mexico gives qualified patients pursuant to the state’s medical marijuana laws access to cannabis for medicinal use, provided they’re diagnosed with any of the state’s qualifying medical conditions.

If you’re dealing with chronic health conditions not relieved by treatment or prescription drugs, be sure to check out New Mexico’s Department of Health website to see if you’re qualified to join the state’s medical cannabis program. Certified patients pursuant to the state’s medical marijuana guidelines have access to higher possession limits.

Recreational cannabis in New Mexico allows possession of up to 2 oz and cultivation of up to six mature plants. Legal age persons pursuant to state laws and are of legal age (21 years) are also allowed to possess up to 16 g of extracts as well as 800 mg of marijuana edibles.

Of note, Epidiolex is the only cannabinoid-based medication approved by the United States Food and Drug Administration. If you want to add medical marijuana to your regimen, always speak with your primary care physician first.

Related: Where is marijuana legal in the United States?

What’s The Future of Delta 8 THC in New Mexico?

With most of the states looking to legalize marijuana, the future of the cannabis market as a whole is bright. New Mexico, in particular, has already enacted progressive laws creating standards for the extraction, transportation, and distribution of CBD products and their derivatives.

In combination with the federal 2018 Farm Bill, the state law shows that hemp-derived products are here to stay. While the wheels slowly turn in the state in full marijuana legalization, delta 8 THC can grow over the next few years.

As more users gain more knowledge on this compound and experience its beneficial effects, the market will only continue to grow. Therefore it is safe to assume that once marijuana is fully legalized, delta 8 THC will have carved out a significant space in the overall market.

FAQs on Delta 8 THC and Other Cannabinoids in New Mexico

Below is a short list of questions with answers discussing the legality of delta 8 and other cannabinoids nationwide and in New Mexico.

1. Is Delta-8 Federally Legal in the US?

Yes, delta 8 is federally legal in the US, provided it’s derived from hemp with less than 0.3% THC. Anything above this legal THC limit is illegal.

Do check your state laws though, especially since some states have banned delta 8. If you reside in a state that allows delta 8, be sure to check that the THC concentration possessed by the product doesn’t exceed 0.3%.

2. Is Delta-8 Legal in New Mexico?

Yes, delta 8 is legal in New Mexico and so are other psychoactive hemp-derived compounds such as delta 10 and HHC.

3. Is Delta 9 Legal in New Mexico?

Yes, hemp and marijuana derived delta 9 THC are legal in New Mexico, the state having legalized medical and recreational use.

4. Are CBD Gummies Legal in New Mexico?

Yes, CBD gummies sourced from both hemp and marijuana are legal in New Mexico. If sourced from hemp, the THC level must not exceed 0.3% on a dry weight basis. However, marijuana-derived CBD is only available to adults of legal age.

5. Is THCA Legal in New Mexico?

Yes, THCA is also legal in New Mexico. This non-psychoactive cannabinoid is found in both hemp and marijuana and converts to delta  THC when heated.