There are a lot of questions surrounding CBD oil today. For instance, is it really legal in all 50 states as you see many blogs and websites claim? More importantly, is it legal in your state or through the internet? This guide to CBD oil in New Mexico will answer all your questions, but keep in mind that laws are changing rapidly. Come back regularly to check for updates.
CBD, THC, Cannabis – What’s the Difference?
Before you can understand the legalities of CBD, you need to understand some of the terminology swirling around the marketplace today.
Cannabis – This is the plant from which marijuana, cannabidiol oil, hemp and THC are sourced.
CBD Oil – Also known as cannabidiol, this oil is naturally derived from the cannabis plant. This isn’t a psychoactive substance, which simply means that it won’t get you high.
Hemp – This is technically a fiber taken from the stem of cannabis plants. In the CBD world, it’s often used in reference to any product that contains less than 0.3 percent THC. CBD products are often marketed as hemp.
THC – This is a derivative of the cannabis plant that delivers the psychoactive effects that marijuana smokers crave. It’s the part of the plant that makes you feel high, and it’s the reason that cannabis was illegal in all states for many years. Some CBD products are laced with THC, and those mixtures are often the most effective for pain relief and other medical applications.
When the cannabis plant was simply known as marijuana and sold mainly for recreational enjoyment, it was considered dangerous and illegal throughout the United States. As discoveries of powerful medical applications for oils, fibers and other parts of the plant were discovered, a movement toward the legalization of cannabis began.
This push for legalization has also been stimulated by the growing number of recreational users who argue that marijuana isn’t dangerous and may actually help with many medical conditions, including epilepsy, anxiety, depression and cancer. There is now a clear distinction between CBD, THC and marijuana, and states are realizing that it’s possible to legalize parts of the plant without making recreational use of marijuana legal.
Is CBD Legal in New Mexico?
In 2007, New Mexico passed the Lynn and Erin Compassionate Use Act, which allows patients to use marijuana for medical purposes. This is only legal when patients obtain the signature of a qualified medical professional and then submit an application for a medical marijuana card through the New Mexico Department of Health.
The Department of Health created the Medical Cannabis Program, or MCP, to oversee the legal use of cannabis products throughout the state. This includes designating licensed non-profit producers, which refers to legal cannabis growers supplying product for medical cannabis users. These products are sold through legal dispensaries, and many dispensaries are now creating stores just for CBD and hemp products.
CBD products are considered legal in New Mexico, and not just for medical marijuana cardholders. Since CBD doesn’t produce the psychoactive effect that comes from marijuana and THC, it is commonly assumed that CBD products are legal throughout the United States. This is technically incorrect, since CBD is derived from the cannabis plant, and that plant is still illegal or limited to cardholders in many states.
Despite that technicality, hemp and CBD producers and dispensaries believe that cannabidiol products are entirely legal in New Mexico whether the customer has a medical marijuana card or not. CBD hemp oil is sold freely throughout the state, and the government began passing laws regarding the production and research of hemp in April 2017. It’s believed that hemp could become the next big cash crop for the state, but CBD products are already big sellers at dispensaries.
Cracking Down on CBD & Hemp
In June 2018, the Department of Health distributed a letter to all licensed growers, labs and manufacturers that stated selling hemp or CBD products imported from other states is illegal. The supply of CBD and hemp from in-state growers is limited, so most dispensaries rely on products purchased from out-of-state sources.
This is no longer deemed legal and has forced many dispensaries to throw out product worth thousands of dollars because it could now put their licenses in danger. Some dispensaries and other sellers are likely still selling products purchased out of state, and many residents continue to purchase imported products through the internet.
As growers, buyers and dispensaries challenge this limitation on CBD and hemp products, the law surrounding out-of-state product is likely to change in the future. For now, only CBD produced within the state of New Mexico by authorized, licensed producers is considered legal.
How to Buy CBD In the Land of Enchantment
If you have a medical marijuana card, the easiest way to purchase CBD is through a dispensary. The CBD oils sold through legal dispensaries may contain THC and other cannabis extracts that enhance the effectiveness of the product. It is only legal to buy CBD oils that contain THC in this manner.
If you don’t have a medical marijuana card, you may still find dispensaries that sell CBD hemp oils that don’t contain THC or other psychoactive parts of the cannabis plant. You can also purchase CBD online, but make sure that you’re ordering pure CBD from a trustworthy, authentic manufacturer. Keep in mind that purchasing CBD and hemp from out-of-state producers is technically considered illegal.