Last Updated on
in New Mexico
The land of enchantment stands true to its name by welcoming CBD and its products with open arms into the state of New Mexico. Although many of the other states are still not sure about how to deal with CBD, the state government of New Mexico has gone ahead full throttle.
Is CBD oil legal
in New Mexico
Absolutely yes, it is completely legal to buy, sell and use CBD and its various products in New Mexico.
What’s legal, What’s not!
In May 2019, New Mexico’s Governor Michelle Lujan Grisham signed House Bill 581 that helps create a licensing and regulatory structure for the hemp industry in the state right from the cultivation to sale of CBD in the state.
This House Bill opens up the market in New Mexico to this new product as well as is a crucial step under FDA’s continued regulation and prohibition of CBD.
Simply put, the federal government needs the backing of the state government as it lacks personnel and resources to implement on the ground what they speak about CBD. This bill ensures that state personnel will not help them when it comes to cracking down on CBD.
This bill creates a licensing structure for cultivators of hemp and also for those people who want to manufacture CBD from the hemp.
The bill is very clear and consciously protects the manufacturers by saying “hemp finished products produced by a hemp manufacturer holding a permit issued pursuant to this section shall not be deemed adulterated as that term is used in the Food Service Sanitation Act and the New Mexico Food Act.” Such clear laws are required in other states as well to make sense of their laws.
The house passed this HB 581 by a 62-2 vote and it received a Senate approval of 40-0 turning it into a bill with the complete support from 1st of July 2019 onwards.
This piece of legislation is also important for the state of New Mexico as before its passage in the Senate there were no specific laws for CBD or hemp in the state. With its passage, cannabidiol and its products will remain legal under the state laws of New Mexico. This legislation is also important as it takes a stand against the federal government who are oscillating between legalising and making CBD products illegal under the FDA laws. This law now gives the federal government no authority in the state to prosecute citizens using CBD and its products.
Many wrongly assume that the passage of the 2018 Farm Bill by the federal government means that CBD is now legal and open to use. But from a legal point of view, that is only a case of wrong interpretation of the law.
Through the Farm Bill, industrial hemp will be treated as an agricultural commodity instead of a controlled substance by the federal government. This only means that the Drug Enforcement Administration can no longer prosecute or regulate hemp.
But the farm bill also does nothing towards modifying the FDA rules and regulations for CBD. A section in the Farm Bill clearly states this under section 297D, Para (c)(1) “Regulations and Guidelines; Effect on Other Law” states that “nothing in this subtitle shall affect or modify the Federal Food, Drug, and Cosmetic Act.”
CBD continues to be an item that is strictly prohibited for sale in the US as per the FDA rules. They have however only approved only one medication that has cannabidiol as an active ingredient called ‘Epidiolex’ for the treatment of two very rare and severe pediatric diseases.
But CBD which is an agglomerate of many compounds depending upon the extensive cultivation, extraction and purification methods employed that affects the concentration of the various compounds is still not cleared by the FDA for sale or addition to food products as dietary supplements or as health products.
The Farm Bill only allows farmers a legal background to grow hemp for commercial purposes like for the production of fiber, building products, biofuel, clothes, paper and food products - that do not contain CBD.
The sale of anything and especially as food products that contain cannabidiol is still from the federal government’s point of view - illegal. They will have to specifically pass legislation to legalize CBD, if they really want to legalise CBD and its products.
But HB 581 tells the Federal Government that New Mexico will take care of its citizens and they need not interfere with the sale of CBD products produced in the state unless federal laws change which is unlikely to happen. Without the cooperation of the state, FDA cannot regulate the sale of CBD in the state of New Mexico. And anyways the FDA cannot just barge in on a state and start threatening the general public. The law directs them to first consult with state partners before initiating a federal enforcement plan of action. And as it stands to date, that is unlikely to be allowed by the state as per HB 581.
Where to buy CBD oil
in New Mexico?
With the state government allowing the sale and usage of CBD, it is almost everywhere. More players are expected to join the industry and help it grow larger. Some places where you can find CBD oil and its products are:
- Nature's Secret CBD and Oils, 1915 Menaul Blvd NE #7, Albuquerque, NM 87107, USA
- The CBD Boutique, 8311 San Pedro Dr NE Suite 1, Albuquerque, NM 87113, USA
- The Verdes Foundation - Westside/Rio Rancho, 2320 Grande Blvd SE Suite B, Rio Rancho, NM 87124, USA
- Ultra Health Dispensary Clovis, CR73+G7 Clovis, New Mexico, USA
- Mesilla Medical Cannabis Evaluation, 121 Wyatt Dr, Las Cruces, NM 88005, USA
- The CBD Shop NM, 1500 Coors Blvd NW, Albuquerque, NM 87105, USA
- Essential THC / Budding Hope, 200 W Conway Ave Ste. B, Las Cruces, NM 88005, USA
Horrors of Buying CBD locally
Till date without proper legislation in place, many local shops were selling all sorts of cannabidiol. Do check with a qualified person which cannabidiol and in what concentrations you should ingest for health benefits. Also there could be a reaction of CBD with any other medication that you normally have to take and this too should be cleared by your physician. As it stands, most local stores have no idea about the validity of the sources unless they have a proper third party testing certificate and buying from such places is unsafe especially if you do not consult with your physician first.
How to get CBD Oil Online
in New Mexico
Buying online is faster, convenient and much easier than going around the shops and stores in the area looking for a suitable product. Do please keep in mind that one should check the credentials of the company offering the product in regards to its quality and its capability to deliver to your address. A third party check by a laboratory is a clear indicator of the quality of the product as well as honest reviews from past customers. Other than that you can get good deals online making the product much cheaper than the local market rates with the added convenience of it being delivered while you sit in the comfort of your home.
Final Thoughts on CBD Oil in New Mexico
New Mexico is standing true to its state motto of Crescit eundo (It grows as it goes) and providing all necessary legal frameworks and requirements to enable its citizens the benefits of CBD and its derivatives. We hope that they would become a beacon of good times and a model for the other states in the US to follow in terms of legalising and using CBD to prosper.