Is Delta-8 THC Legal in New Mexico? (2026)

Instrument

20.10.2 NMAC (eff. 2026-01-28)

Source

https://www.env.nm.gov/cannabis-hemp/wp-content/uploads/sites/34/2026/01/Hemp-Final-Rule-Presentation-12.30.25.pdf

Retrieved

2026-10-07

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[NMED final rule presentation, 20.10.2 NMAC:] [Hemp finished product means] "a product intended for retail sale to consumers for human consumption, cosmetics, or inhalation that contains hemp or hemp extract". [Total THC remains 0.30%. Except tinctures, broad spectrum products, vapes and cosmetics, a product may have] "No more than 2.0 mg / serving Total THC" [and] "No more than 20 mg / package." [Hemp Retail Manufacturer:] "an operation that produces or repackages hemp finished products and provides them directly to consumers." [Effective Jan. 28, 2026; 60-day items due Mar. 28, 2026.] [Bracketed spans summarized; full rule PDF at env.nm.gov not separately parsed.]

Instrument

20.10.2.7 NMAC (Definitions) and 20.10.2.11 NMAC (Hemp Facility Requirements) - NMED 2025 Emergency Rule

Source

https://www.env.nm.gov/cannabis-hemp/hemp-emergency-rule/

Retrieved

2026-07-02

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20.10.2.7 DEFINITIONS (emergency-amended definitions):

WW. "Semi-synthetic cannabinoid" means a substance that is created by a chemical reaction that converts one cannabinoid extracted from a Cannabis sativa L. directly into a different cannabinoid. Semi-synthetic cannabinoid does not include cannabinoids produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as Tetrahydrocannabinolic acid into the corresponding neutral cannabinoid, such as THC, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change.

YY. "Synthetic cannabinoid" means a cannabinoid-like compound that was produced by using chemical synthesis, chemical modification, or chemical conversion. Synthetic cannabinoid does not include:
(1) A compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms; or,
(2) A semi-synthetic cannabinoid.

ZZ. "THC" means delta-9 tetrahydrocannabinol (CAS number 1972-08-3) as measured using a post-decarboxylation method and based on percentage dry weight.

20.10.2.11 HEMP FACILITY REQUIREMENTS (emergency-amended subsections):

K. Except as provided in Subsections L and M of this section, when conducting activities authorized under the Act or this Part, a hemp facility shall not receive, possess, manufacture, offer, advertise, market, or sell semi-synthetic cannabinoids or synthetic cannabinoids or products containing semi-synthetic cannabinoids or synthetic cannabinoids.

L. Except as provided in Subsection M of this section, A hemp facility may receive and use as an ingredient in hemp finished products semi-synthetic cannabinoids or synthetic cannabinoids identified in Paragraphs (1) through (9) of this subsection, provided that before use in manufacturing, laboratory analysis completed by an approved analytical laboratory of the semi-synthetic cannabinoid or synthetic cannabinoid demonstrate the cannabinoid has a purity of greater than or equal to 98 percent. Semi-synthetic cannabinoids or synthetic cannabinoids meeting the purity requirements of this Subsection that may be received and used as an ingredient in hemp finished products are:
(1) Delta-9 tetrahydrocannabivarin tetrahydrocannabivarin (THCV);
(2) Cannabichromene (CBC);
(3) Cannabicitran (CBT);
(4) Cannabicyclol (CBL);
(5) Cannabielsoin (CBE);
(6) Cannabigerol (CBG);
(7) Cannabidivarin (CBDV);
(8) Cannabidiol (CBD); and
(9) Cannabinol (CBN).

M. Subsections L and M of this section are effective beginning September 15, 2025.

Instrument

Definitions (semi-synthetic/synthetic cannabinoid); Hemp Manufacturers and Retailers -- prohibition on semi-synthetic/synthetic cannabinoids

Source

https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0346.HTML

Retrieved

2026-07-19

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76-24-4. DEFINITIONS.--As used in the Hemp Manufacturing Act: E. "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 or a concentration allowed by federal law, whichever is greater, based on dry weight; F. "hemp extract" means oil and extracts derived from hemp, containing THC in any concentration, including cannabidiol, cannabidiolic acid and other identified and non-identified compounds; G. "hemp finished product" means a product for human ingestion or inhalation that contains hemp or hemp extracts and is intended to be provided to consumers; J. "hemp retailer" means a person that provides hemp finished products directly to consumers; M. "semi-synthetic cannabinoid" means a substance that is created by a chemical reaction that converts one cannabinoid extracted from Cannabis sativa L. directly into a different cannabinoid; provided that "semi-synthetic cannabinoid" does not include a cannabinoid produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as tetrahydrocannabinolic acid, into the corresponding neutral cannabinoid, such as THC, through the use of heat or light without the use of chemical reagents or catalysts and that results in no other chemical change; N. "synthetic cannabinoid" means a cannabinoid-like compound that was produced by using chemical synthesis, chemical modification or chemical conversion; provided that "synthetic cannabinoid" does not include (1) a compound produced through the decarboxylation of naturally occurring cannabinoids from their acidic forms; or (2) a semi-synthetic cannabinoid; and O. "THC" means delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method and based on percentage dry weight. 76-24-8. HEMP MANUFACTURERS--PERMITS--RULES--REQUIREMENTS.--A. The department of environment shall issue permits pursuant to rules adopted in accordance with Subsection C of this section to extract, process or engage in other manufacturing activities regarding hemp, including manufacturing hemp extract and hemp finished products. B. Except as specified in Subsection I of this section, a person shall not extract, process or engage in other manufacturing activities regarding hemp, including manufacturing hemp extract and hemp finished products without a permit issued by the department of environment or a license issued pursuant to Subsection C of Section 76-24-10 NMSA 1978. J. Hemp finished products manufactured pursuant to this section shall not have a THC concentration of more than three-tenths percent or a concentration allowed by federal law, whichever is greater. K. A hemp manufacturer shall not receive, possess, offer, advertise, market or sell products containing semi-synthetic cannabinoids or synthetic cannabinoids. HEMP RETAILERS--RULES--REQUIREMENTS.-- A. Beginning July 1, 2025, the environmental improvement board shall adopt rules for hemp retailers that include: (1) requirements for hemp products received, possessed, offered, advertised, marketed or sold; (2) labeling requirements; (3) facility registration; (4) purchasing, storage and recordkeeping requirements; (5) inspection and enforcement by the department of environment; and (6) procedures for appeal. C. Hemp retailers shall not receive, possess, offer, advertise, market or sell hemp finished products that have a THC concentration of more than three-tenths percent or a concentration allowed by federal law, whichever is greater, or hemp finished products containing semi-synthetic cannabinoids or synthetic cannabinoids.

Instrument

Hemp Manufacturing Act - Definitions

Source

https://law.justia.com/codes/new-mexico/chapter-76/article-24/section-76-24-4/

Retrieved

2026-07-02

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As used in the Hemp Manufacturing Act:

A. "board" means the board of regents of New Mexico state university;

B. "breeder" means a person who conducts research to develop new hemp varieties;

C. "Cannabis sativa L." means the plant Cannabis sativa L. and any part of the plant, whether growing or not;

D. "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;

E. "hemp-derived material" means any material containing THC in any concentration derived from Cannabis sativa L. through any activity authorized pursuant to the Hemp Manufacturing Act;

F. "hemp extract" means oil derived from hemp, including cannabidiol, cannabidiolic acid and other identified and non-identified compounds;

G. "hemp finished product" means a hemp product that is intended for retail sale and containing hemp or hemp extracts that includes food, food additives and herbs for human use, including consumption, that has a THC content of not more than three-tenths percent;

H. "hemp manufacturer" means a person that extracts, processes or engages in other manufacturing activities regarding hemp, including manufacturing intermediate hemp-derived products and hemp finished products;

I. "hemp producer" means a person that cultivates and harvests hemp and includes a person that cultivates hemp plants for transfer to other hemp producers;

J. "intermediate hemp-derived product" means oil and extracts, including cannabidiol, cannabidiolic acid and other identified and non-identified compounds derived from hemp;

K. "manifest" means a form used for identifying the quantity, composition, origin, routing and destination of hemp-derived materials during transportation; and

L. "THC" means delta-9-tetrahydrocannabinol as measured using a post-decarboxylation method and based on percentage dry weight.