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New Mexico CBD

New Mexico CBD

Is CBD Legal In NM?

First, let’s address the legality of CBD on the Federal Level.

Yes, purchasing CBD is federally legal as long as it doesn’t contain more than 0.3 percent THC (Enchantment Hemp Farms products are federally qualified). Above all, this is the biggest factor in current CBD legislation.

However, some states do place restrictions on some CBD products or transactions. For a list of restrictions state-by-state, click here or scroll down.

For instance, in New Jersey, New Mexico, and North Dakota CBD Products are legal without restriction.

CBD Gummies Tropical Flavor

To be clear, CBD derived from the hemp plant causes no significant impairment, cannot show up on most drug tests, and remains legal for all consumers in the state of New Mexico. As such, much of New Mexico’s legalization comes from the state’s recognition of the Federal Farm Bill of 2014 (and subsequent legislation of the FFBA 2018), which legalized the entirety of the industrial hemp industry in New Mexico.

Hemp-Derived CBD in New Mexico

While CBD remains legal for all citizens in New Mexico, CBD and hemp products produced outside of the state are still illegal (read more). Accordingly, Enchantment Hemp Farms produces it’s own hemp, processes the harvest, and bottles it’s products right here in New Mexico.

However, for the average CBD user, New Mexico allows both the traditional purchase and the online purchase of CBD products. However, they must be derived from the industrial hemp plant and remain below the legal THC limit set by the 2014 Farm Bill.

In March 2019, New Mexico lawmakers passed HB 581. Subsequently legalizing hemp and introducing the process of establishing regulations for its production, testing, transportation, and processing.

As a result of HB 581, individual permits are required for growing, extracting, and manufacturing hemp products, meaning a vertically integrated operation would need to obtain three separate permits, each of which cost $1,000 per year. Additionally, a harvest certificate, obtained after testing by a state-licensed facility, and manifest are required to follow all products through the supply chain.

In this regard, Enchantment Hemp Farms is proud to have undergone this rigorous qualification process, and able to offer one of the highest quality CBD products on the market.

CBD Legal Status, State-by-State


StateIs CBD legal?Restrictions
AlaskaYesNo CBD-infused food/beverage allowed
ArizonaYesNo food/beverage
ArkansasYesNo food/beverage
CaliforniaYesNo food/beverage
ColoradoYesNo baked goods
ConnecticutYesFood/bev must be registered
DelawareYesHemp grower must be affiliated with Delaware State University
FloridaYesLabeling is regulated
GeorgiaYesNo food/beverage
IdahoYes, but…It must contain 0% THC
IndianaYesLabeling is regulated
IowaNoIllegal in every form
KansasYesNo food/beverage
KentuckyYesCBD tea not allowed
LouisianaYesMany product restrictions
MaineYesOK only if CBD extracted from licensed Maine hemp grower
MassachusettsYesCBD food/bev requires purity testing
MichiganYesNo food/beverage
MinnesotaYesNo food/beverage
MississippiYesMust be at least 20:1 CBD:THC ratio
MissouriYesAge 18+ only. Sales require state registration.
MontanaYesNo food/beverage
NebraskaYesMust be tested and approved by the Nebraska Dept. of Agriculture.
NevadaYesNo food/bev; CBD sales allowed in cannabis stores only
New HampshireYesNo food/beverage, labeling restrictions, growing restrictions
New JerseyYesNone
New MexicoYesNone
New YorkYesNo food/bev; purity testing required
North CarolinaYesNo food/beverage
North DakotaYesNone
OregonYesLabel regulations coming
PennsylvaniaYesNo food/bev; label regulations coming
Rhode IslandYesLabel guidelines coming
South CarolinaYesNo food/beverage
South DakotaNoNot legal in any form
TexasYesLabel guidelines coming
UtahYesRegistration required for sales
VermontYesCan’t combine CBD with meat or dairy. Maple syrup has its own rules.
WashingtonYesNo food/beverage
West VirginiaYesNo food/beverage
WisconsinYesNo food/beverage


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