Is THCA legal in New Mexico? New Mexico hemp, CBD and kratom laws

The law in New Mexico

New Mexico puts hemp manufacturing under its Environment Department, not its agriculture or cannabis regulators. The Hemp Manufacturing Act, chapter 76, article 24, took effect on July 1, 2019 and defines hemp as Cannabis sativa L. and its derivatives, extracts and cannabinoids with no more than 0.3 percent THC on a dry weight basis, with THC measured by a post-decarboxylation method. The Department of Agriculture licenses growers, while section 76-24-8 bars anyone from extracting or processing hemp, or making hemp finished products, without an Environment Department permit or a tribally issued license.

Marijuana is separate. The Cannabis Regulation Act, chapter 26, article 2C, covers cannabis above 0.3 percent delta-9 THC, licensed by the Cannabis Control Division, and its consumers must be 21 or older. A cannabis licensee may also hold a hemp manufacturing permit.

1. July 1, 2019The Hemp Manufacturing Act, Laws 2019 chapter 116, takes effect and gives the Environment Department hemp manufacturing permits.
2. August 1, 2025The Environment Department's emergency rule bars synthetic cannabinoids at New Mexico hemp facilities.
3. December 18, 2025The Environment Department and Department of Health bar kratom from food and drinks at state-permitted food businesses.
4. January 28, 2026The permanent hemp rule, 20.10.2 NMAC, takes effect with the 2 mg and 20 mg limits.
5. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

The Environment Department's hemp rule, 20.10.2 NMAC, in force since January 28, 2026, requires each batch of a hemp finished product to be analyzed for total THC calculated as delta-9 THC plus 0.877 times the THCA. A product may hold no more than 0.3 percent total THC, 2 mg a serving and 20 mg a package; tinctures may hold 100 mg a package, broad spectrum products no more than 0.005 percent and 6 mg a package, and cosmetics and vapes are exempt from the milligram caps. The rule applies to facilities in New Mexico, and we found no statute, rule, Attorney General opinion or appeals court ruling that settles whether a shop may sell THCA flower made in another state.

The rule defines a semi-synthetic cannabinoid as one converted by chemical reaction from another cannabinoid taken from the plant, which leaves out THCA turned into THC by heat or light alone, and a synthetic cannabinoid as one made by chemical synthesis or conversion. Since the department's emergency rule of August 1, 2025, now permanent, a permitted hemp facility may not receive, possess, make, advertise or sell either kind. The only exceptions are THCV, CBC, CBT, CBL, CBE, CBG, CBDV, CBD and CBN, used as ingredients at 98 percent purity or more.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Age, permits and labels

We found no New Mexico statute or rule that sets a minimum age to buy a hemp product. The age of 21 in the Cannabis Regulation Act applies to cannabis above 0.3 percent delta-9 THC.

The permit fee may not exceed $1,000 or the cost of administering the permit, whichever is less, and the department reviews each facility's plans, processes and product formulas. Labels must state that the product is made from hemp, show the CBD and total THC a serving and a package in milligrams, carry a notice that the product contains THC unless it is broad spectrum, and warn about drug tests, impairment and children. Packaging may not be designed to appeal to children.

CBD in food and drinks

Section 76-24-8 puts any hemp manufacturer making products to be eaten or drunk under the Food Service Sanitation Act and the New Mexico Food Act, and it says a hemp finished product from a permitted manufacturer is not adulterated under those laws. The 2026 rule extends the same standards to restaurants and bakeries that make hemp products, and requires food handler cards for manufacturing employees and pesticide testing for finished products.

Kratom, kava, amanita and spores

Kratom, mitragynine and 7-hydroxymitragynine are not listed in New Mexico's Schedule I, section 30-31-6. On December 18, 2025, the Environment Department and the Department of Health announced that kratom is not an approved food ingredient: food containing it is adulterated, and state-permitted food establishments had to stop using it in any food or drink and discard what they held, or face enforcement up to criminal prosecution.

Psilocybin and psilocin are Schedule I in New Mexico except as the Medical Psilocybin Act, Laws 2025 chapter 73, allows through a Department of Health program. We found no New Mexico statute naming kava, amanita muscaria or mushroom spores.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.