Delta 8 THC in New Mexico: Is It Legal & Where to Buy in 2022?

Area 52
July 01, 2021 | Legal

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 substance gives users the euphoric experience they’re looking for, but without the negative side effects.

As a bonus, this substance 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 THC 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, defines ‘hemp’ is any Cannabis sativa plant with a THC concentration of less than 0.3%. In this act, hemp and all associated derivatives, isomers, and cannabinoids 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 its derivatives, New Mexico has also included sections on the transportation, processing, extraction, and manufacturing of hemp products. This set of mandatory regulatory standards are 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 bill removed the ambiguity around hemp, CBD, and other derivatives by clearly distinguishing hemp from marijuana. It declassified hemp from the list of Schedule 1 controlled substances.

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 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.

  • Delta-8 Gummies

    $85 $69
  • Delta-8 Tincture

    $129 $109
  • Delta-8 Vape Cartridge

    $89 $65

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

CBD oil in a bottle dropper and leaves

You do not need a medical card to purchase delta 8 THC in New Mexico. Since this substance is derived from CBD, 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 chosen to impose 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

cannabis leaves and oil extract in a bottle

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?

No, marijuana remains illegal in New Mexico. Very small amounts of marijuana are a misdemeanor, but anything more than a few grams can result in fines and time in jail.

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.

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