The cannabis plant offers many different effects on people thanks to compounds found inside. They’re called phytocannabinoids, commonly referred to as simply cannabinoids. There are nearly 120 different kinds of cannabinoids that have been identified within the cannabis plant over the years. Most common is Delta 9, which is the cannabinoid responsible for the high sense of euphoria in consumers. But can also cause a cloudy head and increased paranoia and anxiety. More recently, Delta 8 has caused a stir among consumers because of its similarity to Delta 9. But what is Delta 8? And what are the laws surrounding Delta 8 federally and in New Mexico?
Delta 8
Delta 8 is a psychoactive cannabinoid similar to Delta 9 in that it causes a sense of euphoria in consumers. However, consumers have reported no negative side effects associated with Delta 8. It’s products being more controllable and less potent than Delta 9. How is this possible? Thanks to a difference in double bonds on the carbon chains down at the molecular level, Delta 8 is structurally different from Delta 9. This makes them separate compounds from each other though they create similar effects in consumers.
Plus, Delta 8 is federally legal to produce, sell, and consume. Delta 9 is considered a Schedule I drug by the DEA and dangerous for the general public to consume. Because of this, many consumers are switching to Delta 8 products over Delta 9. But if Delta 8 creates similar effects to Delta 9, how is Delta 8 legal and Delta 9 isn’t?
Farm Bill
Delta 8’s legal status comes from the Farm Bill. Passed in 2018 by the USDA, the Farm Bill defines cannabis and hemp separately. That hasn’t been done since the 1970s when the Controlled Substances Act was created. The Farm Bill defines hemp as:
“The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
So, as long as a final product contains less than 0.3 percent of Delta 9, it is legal to sell and consume in the general public. Because of the structural difference, Delta 8 products naturally contain less than 0.3 percent of Delta a9 in them. That means Delta 8 falls under the definition of hemp.
But just because a product is considered legal on the federal level doesn’t mean it’s legal in every state. Each state creates their own rules and regulations when it comes to cannabis and its cannabinoids. It’s how some states have legalized medical cannabis and others haven’t. So what does the state of New Mexico say about Delta 8?
New Mexico State Law
Like a majority of the states, New Mexico has adopted the same definition of hemp defined in the Farm Bill. As long as a product contains less than 0.3 percent of Delta 9, then it’ss legal to produce, sell and consume in New Mexico. The law goes on to state:
“The enumeration of marijuana, tetrahydrocannabinols or chemical derivatives of tetrahydrocannabinol as Schedule I controlled substances does not apply to:
-hemp pursuant to rules promulgated by the board of regents of New Mexico state university on behalf of the New Mexico department of agriculture”
Delta 8 will not be a Schedule I substance because it is defined separately from cannabis. Plus, any hemp growers are reporting to the New Mexico State University for regulation. This is to help ease the already numerous tasks set upon the state’s Department of Agriculture. This could potentially open up avenues for further hemp research. But for now, just having Delta 8 and it’s products legal in New Mexico is a huge boost for the state and its citizens.
Research your state laws before purchasing and consuming Delta 8 products. Rules and laws are always subject to change. Make sure to check back for more cannabis and hemp related news.