Is CBD Oil Legal In New Mexico? (2020 Update) + MMJ Card Rules


New Mexico is a beautiful and exciting state to live in and visit. And it’s growth shows just how great a place it is. The state’s growing tourism dollars, which reached 6.6 million in 2017 in visitor total spending, means that New Mexico isn’t just getting visitors. These visitors are also bringing added demand for a newly emerging product, CBD oil. 

CBD oil is a relatively new product to the masses of the United States. And New Mexico is no exception.

In the United States, CBD products’ sales rose from 0.62 billion U.S. dollars to 5 billion in 20192. Furthermore, the anticipation is that this growth will only continue as it has grown since becoming legal in so many states. So, is it legal in New Mexico?

CBD oil is legal in New Mexico, depending on the origin of the oil. Furthermore, it brings a vast opportunity to explore a previously, relatively unknown, and underappreciated oil. With alleged uses from aiding in pain management to pet dietary supplementation, the oil shows much promise and requires further investigation.

The legality of CBD oil in New Mexico is based primarily upon where the oil was derived. For example, it is legal in New Mexico as of 2019, with the HB0581 legislation passed for the allowance of industrial hemp production. This hemp must not exceed 0.3% THC by weight.

If CBD oil is derived from industrial hemp, then it is legal to manufacture, sell, and purchase.

If CBD oil derived from marijuana, then the product requires special permits, and the oil will only be available to those with a prescription.

If this seems a little confusing, don’t be alarmed. The fact is that as long as the product is legal for sale, it is legal to possess. However, due to the inconsistency of legislation, there may be some loopholes that could land a person in unintentional hot water.

What The Law Says About CBD Oil

New Mexico law states that possession of a half-ounce of cannabis is punishable by a fine of $50. And it is considered a petty misdemeanor offense.

The Hemp Act allows for the sale of pre-packaged CBD oil without a permit3, and there is currently no limit on the amount of CBD oil one person can have, as long as it came from industrial hemp.

Furthermore, as long as the oil came from hemp, which contains less than the prescribed legal limit for THC content, then the CBD oil can be made into a variety of completely legal products both to possess or sell.

Can You Travel With CBD Oil?

If you’ve purchased some CBD oil while traveling, you might wonder if you can bring it on a plane with you. The first thing to do is check with your particular airline for their policies on carrying liquids on board. The CBD oil package will likely need to be smaller than a set size to be allowed on a plane.

According to TSA guidelines, CBD oil is legal to travel with as long as it contains no more than 0.3 percent THC on a dry weight basis, or, it must be pre-approved by the FDA.

Once you have that figured out, the second thing to do would be to figure out if the state or country you are travelling to allows CBD oil. If it is illegal, even if you get it there, having it in your possession could be a serious problem.

Do You Need A License To Sell CBD Oil In New Mexico?

At the time of writing this article, it was entirely legal to sell pre-packaged CBD oil. That is, oil which was derived from hemp and not marijuana. It is best only to purchase or sell products that are approved by the FDA if the intent of the product is to be ingested or come into contact with a human.

Is There A Difference Between Prescription CBD Oil and Non-Prescription CBD Oil?

There can be vast differences in the quality and purity of CBD oil intended for prescription versus that which does not get prescribed. Often, the CBD oil used for prescription products is derived from marijuana.

The CBD oil, which does not require unique licensing, is derived from hemp. 

Although hemp and marijuana may appear very similar plants, these close relatives of one another have a very different THC level, the drug responsible for the ‘high’ produced by marijuana.

With this vast difference in THC quantity between hemp and marijuana, there can be quite a difference in CBD oil’s chemical consistency derived from hemp versus that derived from cannabis.

Further research is required to analyze the difference in terms of the effects upon people.

Can You Order CBD Oil Online Legally?

If one is interested in purchasing CBD Oil online, it is natural to ask if it is a legal or illegal process. Contrary to what some may think, it is perfectly legal to purchase and have shipped CBD oil to your address. However, to comply with legal standards, the oil must be derived from hemp and contain less than 0.3% of THC.

However, if one has a prescription for medical-grade CBD oil, then the standards are different.

Where You Can Buy CBD Oil In New Mexico

There are currently several options for purchasing CBD oil in New Mexico. However, where one finds CBD oil depends on which type of CBD oil, one is trying to purchase.

CBD Oil Derived From Marijuana

  • Licensed Medical Dispensaries

The only way to purchase from a licensed medical dispensary in New Mexico is to be approved by a doctor and prescribed the product via an MMJ card application (see below for an explanation on this process).

CBD Oil Derived From Hemp

  • Multiple Retail Locations
  • Online

Most of the ‘cheap’ CBD oils one might find at multiple retail locations may likely be diluted. Moreover, in some instances, the product may not even be CBD oil at all. There is no shortage of ‘cheap’ CBD oil on the market.

With regulation still in development for this relatively new market, it is of extra importance that you verify the quality and content of the CBD oil you purchase. Some low quality CBD products have been found to contain toxic or harmful chemicals mixed into the CBD oil.

The preferred option is to purchase a quality CBD oil derived from hemp. Often going directly to the manufacturer is the best option. However, many reputable companies distribute good quality CBD oil.

How Do You Identify Quality CBD Oil?

The first thing to look for when purchasing CBD oil in general is that the product is FDA approved. With such a new product on the market, there is no shortage of charlatans selling fake CBD oil.

If the product is FDA approved, then the rigorous process of testing and ensuring product safety has already been completed.

Research the product first, before committing to purchase. Look for reviews and find out if the manufacturer is reputable.

Investigate product pictures and ensure the labels are all be legible. Ingredients and product origin examination is another essential requirement. If the product claims to be derived from marijuana but is sold online without prescription, it may be an illegal operation or a false claim.

Also, there is much value in the word of mouth and genuine reviews. Be sure to do some homework in that regard and find people who may have used certain brands or types in order to determine which product may be of reputable quality.

Can You Buy Hemp Wraps At 18?

Hemp wraps can be purchased by anyone as long as they originate from hemp and not cannabis. On December 21st, the FDA announced that the age was changed from 18 to 21 for tobacco and marijuana-related products. However, hemp wraps fall into the realm of CBD products produced from hemp in that they are legal as long as the product originated from hemp with THC of less than 0.3%.

Medical Marijuana Card Requirements In New Mexico

In New Mexico, to obtain cannabis, also known as marijuana, one must qualify and apply for the MCP. MCP stands for Medical Cannabis Program.

To qualify, a doctor must approve a person for the MCP. The individual must be diagnosed with one of the following conditions.

  1. Alzheimer’s Disease
  2. Amyotrophic Lateral Sclerosis (ALS)
  3. Autism Spectrum Disorder
  4. Cancer
  5. Crohn’s Disease
  6. Damage to the Nervous Tissue of the Spinal Cord (with objective neurological indication of intractable spasticity)
  7. Epilepsy/Seizure Disorder
  8. Friedreich’s Ataxia
  9. Glaucoma
  10. Hepatitis C Infection currently receiving antiviral therapy
  11. HIV/AIDS
  12. Hospice Care
  13. Huntington’s disease
  14. Inclusion Body Myositis
  15. Inflammatory Autoimmune-mediated Arthritis
  16. Intractable Nausea/Vomiting
  17. Lewy Body Disease
  18. Multiple Sclerosis
  19. Obstructive Sleep Apnea
  20. Opioid Use Disorder
  21. Painful Peripheral Neuropathy
  22. Parkinson’s disease
  23. Post-Traumatic Stress Disorder
  24. Severe Anorexia/Cachexia
  25. Severe Chronic Pain
  26. Spasmodic Torticollis (Cervical Dystonia)
  27. Spinal Muscular Atrophy
  28. Ulcerative Colitis

Without being diagnosed with one of these conditions, one cannot receive the MCP approval in New Mexico.

How To Apply To The MCP (Medical Cannabis Program) In New Mexico

To apply to the MCP, all one needs to do is download the MCP application form. This form will need to be completed by the applicant as well as their medical professional. The initially signed version must be submitted as facsimiles will not be accepted.

The application must be placed in the mail or dropped off. Faxed copies are not acceptable due to requirements for original signatures.

How Long Does It Take To Get A Medical Marijuana ID Card In New Mexico?

The MCP application process typically takes about 30 days. However, the application process may face delays if there are any errors in the application. Likewise, if the application is illegible, it may also be delayed or even rejected. 

So, ensure that if an application is filled out, it is done so in a neat and orderly fashion.

How Much Does It Cost To Apply To The MCP?

Currently, in New Mexico, there is no cost to apply for the MCP. However, there may be costs involved to have a medical professional sign off on the application. The best course of action is to call a medical provider and ask their advice on the subject of an MCP application.

Is New Mexico Recreational?

New Mexico is not yet a state that allows recreational use of cannabis and marijuana products. Unfortunately, if one does not qualify for the MCP, there is no legal way to obtain marijuana in New Mexico at the time of writing this article.

Frequently Asked CBD Oil Questions

What Are The Uses For CBD Oil

Cannabidiol (or CBD) for aiding in epilepsy treatment is one of the most common uses for the product. The oil may help in avoiding certain types of seizures according to some studies. One should always consult a physician before testing this or any other medical purpose for CBD oil.

There have been alleged claims that CBD aids in everything from skincare to helping deal with pain. These claims, not yet substantiated by enough scientific evidence to call them again a fact, should be reviewed carefully and discussed with your appropriate health professional. Research has been promising in this regard, though.

There is also some evidence that claims that CBD harms the sensations of ‘high’ felt when one ingests or smokes marijuana. Again, further research is required to provide evidence to support these claims in a definitive manner.

Due to a sheer lack of scientific research regarding CBD oils and new products still entering the market with discoveries still being made, there is the potential for an adverse reaction between CBD and an existing medication to occur. For this reason, one should not take CBD if on any prescriptions without their medical advisor’s specific advice.

When Was CBD Oil First Discovered?

The initial discovery of a cannabinoid was made in 1938 by Robert S. Cahn. Mr. Cahn was a chemist and reported the partial structure of cannabinol (CBN).

It wasn’t until 1942 that CBD was isolated. This feat accomplished by an American chemist named Roger Adams was quite the innovative step forward.

Can CBD Oil Get You High?

Cannabidiol does not get a person high. CBD is not a psychoactive drug in the way that THC is. As reported, CBD oil can counter the effects of THC and reduce the effects of THC. However, there is insufficient medical research to back up this allegation as a fact.

In Conclusion

Whether one is looking to obtain an MMJ card to get CBD oil derived from cannabis or looking to get a quality hemp-derived CBD oil in New Mexico, there are options. Hemp-derived CBD oil is legal and relatively easy to obtain, both in retail locations and online.

Sources:

“New Mexico Tourism Department 2018 Annual Report” New Mexico Tourism Department – Research, Reports & Plans, https://assets.simpleviewinc.com/simpleview/image/upload/v1/clients/newmexico/2018_NMTD_Annual_Report_1e1ae54d-a8e2-4a4e-ad84-2a65488b8f7c.pdf

“Dollar sales of cannabidiol (CBD) products in the United States from 2018 to 2023 (in billion U.S. dollars)” statista, https://www.statista.com/statistics/1067467/cbd-product-dollar-sales-us/

“Hemp Program Frequently Asked Questions” New Mexico Environment Department, https://www.env.nm.gov/hempprogram/hemp-program-faqs/

“Medical Marijuana” Transportation Security Administration, https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana#:~:text=Marijuana%20and%20certain%20cannabis%20infused,that%20are%20approved%20by%20FDA.

“Medical Cannabis Program” New Mexico Department of Health, https://www.nmhealth.org/about/mcp/svcs/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5767492/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6514832/

https://pubmed.ncbi.nlm.nih.gov/30993303/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2503660/

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