DEMING – More and more online shops are offering products that can get users high—such as gummies, vapes, and oils—and many of them are legal to order and ship to homes in New Mexico. But how is that possible?
The answer lies in a legal gray area created by the 2018 Farm Bill, which made it legal to grow and sell hemp in the United States. Hemp is a type of cannabis that doesn’t have much of the chemical that causes a high—delta-9 THC. As long as the final product contains less than 0.3% of delta-9 THC, it’s considered legal under both federal and New Mexico law.
But that law doesn’t clearly say what to do about other types of THC—like delta-8 and delta-10—which can also make users feel high, even though they come from legal hemp. Because of that gap in the law, some companies now convert hemp into these newer forms of THC and sell them online. It’s legal in New Mexico, for now, as long as the product stays under the federal THC limit.
What’s Being Sold Online?
These products are often sold as candy-like edibles, vape pens, or oils. They are widely available online and even in some gas stations and smoke shops around the state. While they may not contain traditional marijuana, they can still cause similar effects—and they’re not as tightly regulated as products sold in licensed dispensaries.
State Law Allows It—For Now
New Mexico passed its own hemp law in 2019 that follows the federal rules. That means hemp-based products like delta-8 and delta-10 THC are currently legal to sell and order within the state. However, state health officials and lawmakers have raised concerns about how these items are made and who can access them—especially teens.
Governor Michelle Lujan Grisham and lawmakers have introduced proposals to tighten those rules. A bill introduced in the 2025 legislative session would have banned synthetic or lab-altered versions of THC unless specifically approved by the state’s Cannabis Control Division. That bill did not pass but may return next year.
Why It Matters
Unlike marijuana sold in dispensaries, which is tested, labeled, and age-restricted, these hemp-based products are not always held to the same standards. That means consumers might not know exactly what they’re getting—or how strong it is.
Public health officials have also warned that online retailers may not always verify age or follow New Mexico’s consumer protection laws.
What You Should Know
If you’re ordering THC-like products online in New Mexico:
- They’re legal if they come from hemp and contain less than 0.3% delta-9 THC
- They may still cause a high—even if labeled “hemp” or “legal THC”
- They are not the same as marijuana sold in licensed dispensaries
- Future laws could ban or restrict their sale
Bottom Line: It’s legal for now—but that could change.
Story compiled from reports by the National Library of Medicine, the Congressional Research Service, and KOAT-TV.
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