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CBD Oil in New Mexico

cbd oil in new mexico  Photo by Bruce Warrington on Unsplash

Disclaimer: Please note that the information found on this page was independently researched by Highland Pharms. It is not presented by lawyers or other legal experts. We have made great efforts to verify the accuracy of this content, but it should never be interpreted as legal advice in any capacity. It is the sole responsibility of each reader to know their local laws. If you have further questions on these topics, please check with your local law enforcement agencies.

CBD Oil in New Mexico

Cannabidiol (CBD) can seem confusing, but on this page we will work through some of the most common questions and clear up uncertainties. Residents of New Mexico may have questions about where CBD comes from, how it is sold, and whether or not it is legal to buy it within their state.

Until recently, many lawmakers and governments did not understand CBD too well. Luckily, that has started to change thanks to the federal passage of the 2014 and 2018 Farm Bills.

CBD, which comes from cannabis plants, is often confused with marijuana or thought to be a marijuana extract—but that is not necessarily true. Up until the passage of the previously mentioned Farm Bills, CBD was treated as marijuana under state and federal laws.

CBD is merely an extract from cannabis plants and not all cannabis plants are marijuana plants.

Most commercially available CBD products that are sold to the general public are derived from the hemp plant. Hemp and marijuana are very similar plants, but with one particularly important distinction: the presence of the psychoactive substance known as tetrahydrocannabinol (THC).

THC is the compound found in marijuana that makes it famous for giving users a “high” when consumed. Hemp cannabis has little THC (less than .03%) and cannot intoxicate the user. Not only that, but hemp was once a popular crop during America’s colonial era, used in the production of rope, clothing, paper, and other goods.

The re-legalization of hemp is a recent development, and re-commercialization of the crop has been a process that delegates the power of regulation to each state government.

Some states are further along than others on the path fully legalized hemp, but most states see the economic opportunity in hemp, and have moved quickly to establish a framework for hemp. New Mexico is much further along than many other states in this regard. This has allowed hemp-based CBD to become more readily and legally accessible to the general public.

Is CBD Oil legal in New Mexico?

Yes. CBD oil products that have been produced from hemp extracts are legal within the state of New Mexico.

(CBD that is instead made from marijuana extracts remains controlled but can be obtained through the state’s medical marijuana program.)

Members of the general public can easily and legally obtain, possess, and consume hemp-based CBD products without fear of legal repercussions from New Mexican law enforcement.

What are the current CBD laws in New Mexico?

Sometimes it is helpful to look how cannabis laws have evolved over the last century to understand the context of where things stand today.

While hemp was once a popular crop during colonial times, nearly all forms of cannabis, including hemp, were totally outlawed by the middle of the 20th century.

New Mexico banned cannabis in 1923, forbidding the cultivation of both hemp and marijuana, and banning its importation and sale as well.

Cannabis was then listed as a Schedule I restricted substance in 1970 under the Controlled Substances Act (CSA).

Movements for cannabis freedom have been numerous and varied in objective and outcome. Some of these movements, like the push for recreational marijuana, are still ongoing in many parts of the United States. But the push for medical marijuana started shortly after the implementation of the CSA, and New Mexico has made strides to legalize all forms of cannabis in the coming years. (Low-THC hemp CBD is already unambiguously legal.)

New Mexico became the first state in the union to move toward provisional legal exceptions for medical cannabis in 1978 with the Controlled Substances Therapeutic Research Act. The bill was advocated by Lynn Pierson, a terminal cancer patient who testified that the drug brought him relief from his illness.

Pierson passed away before the bill obtained full federal approval in August of 1978. It is written that around 250 cancer patients were able to receive medical cannabis through the research program which was subsequently renamed the Lynn Pierson Therapeutic Research Program.

In 1999 a Republican Governor with strong libertarian sympathies, Gary Johnson, called for the legalization of cannabis—setting off a flurry of protests from other state government and Republican party officials. Johnson refused to retract his statement and went on to become a prominent advocate for cannabis freedom in the years following his second term as governor.

In 2007 Democrat Governor Bill Richardson, sharing some of Johnson’s sympathies on cannabis, signed Senate Bill 523 into law, fully legalizing medical marijuana within the state. The bill came to be known as the “Lynn and Erin Compassionate Use Act,” allowing cannabis to be used at the recommendation of a physician to treat medical conditions including cancer, HIV/AIDS, epilepsy, multiple sclerosis, glaucoma, and spinal injuries.

The issue of hemp legalization came up again following the passage of the 2014 Farm Bill at the federal level. The power to establish a regulatory framework, research initiatives, and a pilot program was left in the hands of each individual state.

While bipartisan support for hemp was growing during this time period, Republican Governor Susana Martinez attempted to block the effort for legal hemp from moving forward via veto. This stalemate became a legal battle that was eventually defeated in the State Supreme Court in 2017.

Following this, the New Mexican legislature moved forward with establishing a path for hemp industrialization that culminated with the passage of HB 581 in 2019. This bill fully legalized hemp and established the groundwork for its commercial availability within the state.

Efforts to legalize recreational use of all cannabis and decriminalize possession of marijuana cannabis recently culminated in the passage of HB2 in the legislature. On March 31 of 2021 the New Mexico state legislature voted to pass the bill. Democrat Governor Michelle Lujan Grisham has promised to sign and ratify the bill soon.

Can I Purchase CBD in New Mexico?

You might be wondering whether or not you can easily (and legally) purchase CBD in “The Land of Enchantment.” The answer is yes. Products made from hemp-derived CBD are legal in New Mexico, and members of the general public can easily purchase them from retailers throughout the state.

(Products made from marijuana-derived CBD are also available on a conditional basis. Marijuana products are still restricted for recreational but qualified patients can already purchase them through New Mexico’s medical cannabis program.)

Hemp-derived CBD can also be purchased over the internet and shipped directly to residents of New Mexico. In fact, many CBD users prefer this method for several good reasons.

Why do some CBD users prefer to source their CBD from an online retailer? Often times, CBD users will come to find that online retailers have more transparent documentation of their production process, offer better product variety, and offer better prices than those of CBD sold in local brick-and-mortar retail shops.

Highland Pharms is proud to provide cleanly cultivated, legally produced hemp CBD that relies on a proprietary CO2 extraction process, ensuring only the finest quality CBD goes into each product that we sell.

We have established trusted relationships with CBD users from across America, including many residents of New Mexico. So, whether your home is in Albuquerque, Las Cruces, Rio Rancho, Sante Fe, Roswell, Farmington, or anywhere in between—we would like to encourage you to browse our wide selection of hemp CBD products.

We offer CBD drops, tinctures, capsules, vape oils, creams, lotions, gummies, and even pet treats at affordable prices—shipped directly to your door!

We hope you will join our growing list of satisfied customers in New Mexico who have made Highland Pharms their trusted go-to source for all things CBD!


Controlled Substances Act – Wikipedia

Agricultural Act of 2014 – Wikipedia

Agricultural Act of 2014 – Wikipedia

Is CBD Oil Legal in New Mexico? CBD Legality in NM (weedmaps.com)

HB0581 (nmlegis.gov)

Is CBD legal in New Mexico? – Hemppedia

Cannabis in New Mexico – Wikipedia


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