Following the 2018 Farm Bill, New Mexico regulated hemp intoxicants, including synthetic cannabinoids like Delta-8 and Delta-10 THC, within a hemp-specific framework, along side an adult use program and a medical marijuana program. This system applies safety, licensing, and testing standards similar to those for cannabis products, with oversight designed to ensure that synthetic cannabinoids are controlled and monitored.
2. State’s Classification Regarding Hemp Intoxicants
New Mexico classifies intoxicating hemp-derived products, including synthetic cannabinoids, under a dedicated regulatory framework for hemp. This hemp-specific classification allows synthetic cannabinoids to be legally sold but only under strict state-imposed standards separate from the general cannabis program.
3. Regulation or Prohibition of Synthetic THC, Including Delta-8 and Delta-10 THC
Licensed entities must meet all state-imposed standards, including licensing and testing, to legally sell these products. Unlicensed production or sale outside of this framework is prohibited.
4. THC Potency Limits per Serving or Package
New Mexico enforces THC potency limits for synthetic THC products. For edibles, THC content is generally capped at 10 mg per serving and 100 mg per package. These limits apply to synthetic cannabinoids within the hemp-specific framework, providing consistency with potency standards found in New Mexico’s cannabis regulations.
5. Public Health Measures
New Mexico mandates specific public health protocols for hemp-derived intoxicants, including:
- Age Restrictions: Consumers must be 21 or older to purchase synthetic THC products.
- Packaging and Labeling: Child-resistant packaging and labeling with THC content, serving sizes, and health warnings are required.
- Advertising Restrictions: Marketing cannot target minors or use child-appealing themes.
- Product Testing: Mandatory testing for contaminants and potency ensures products meet state safety and quality standards.
6. License Requirements and Fees for Production and Sale
New Mexico requires that any entity involved in the production, processing, or sale of synthetic THC products, such as Delta-8 and Delta-10, obtain a license. Licensing includes background checks, facility standards, and a fee structure that varies by operation type (e.g., cultivation, processing, retail). Licenses require periodic renewals and adherence to compliance checks.
7. Testing Standards for Product Safety and Potency
New Mexico enforces testing standards for synthetic THC products regulated under the state framework. Licensed laboratories conduct mandatory batch testing for potency, contaminants, and purity, verifying compliance with the state’s THC potency limits and safety standards.
8. Restrictions on Advertising and Marketing
New Mexico’s advertising restrictions for synthetic THC products prevent targeting minors and misleading consumers. Marketing cannot include themes or graphics that appeal to children, and product claims must be substantiated. Placement of ads is limited to prevent exposure to minors, with restrictions on advertising in areas frequented by young audiences.
9. Restrictions on Retail Locations and Distribution
Retailers selling synthetic THC products in New Mexico must adhere to zoning regulations similar to those for cannabis dispensaries, including distance requirements from schools and sensitive areas. Synthetic cannabinoids are permitted for sale only through licensed retail outlets approved by the state, ensuring controlled distribution within the hemp regulatory framework.
10. Age Restrictions for Purchase and Use
New Mexico enforces a minimum age of 21 for the purchase and use of synthetic THC products, consistent with the age requirements for cannabis products. Retailers must verify the age of all customers at the point of sale.
11. Penalties for Non-Compliance
New Mexico imposes penalties for non-compliance with hemp regulations, including fines, license suspensions, product recalls, and potential license revocations. Violations such as unlicensed production, failure to meet testing requirements, or improper labeling are subject to state enforcement actions.
12. Social Equity Considerations
New Mexico’s hemp regulatory framework includes social equity provisions that offer reduced fees, priority processing, and business resources for individuals from communities disproportionately affected by cannabis prohibition, promoting inclusivity within the hemp-derived THC market.
13. Impact on Existing Medical and Adult-Use Cannabis Programs
New Mexico manages hemp-derived intoxicants separately from its medical and adult-use cannabis programs, aligning synthetic THC safety standards with those applied to cannabis.