Cannabis loophole allows unregulated hemp products to bypass New Mexico laws

By T.J. Wilham

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    ALBUQUERQUE, New Mexico (KOAT) — When New Mexico legalized recreational cannabis, it came with plenty of regulations.

Buyers must be at least 21 years old, products undergo rigorous testing and all cannabis must be grown locally.

But a loophole in federal law allows hemp-derived products to bypass these regulations, posing potential risks to public safety, particularly for children.

“It’s definitely intoxicating,” said Ben Lewinger, president of the New Mexico Cannabis Chamber of Commerce. “Most people would describe it as not as pleasant as cannabis.”

Hemp, a cousin of the cannabis plant, produces a less potent form of THC called delta-8. While delta-8 is naturally less intoxicating than delta-9, THC found in marijuana, hemp manufacturers have discovered a way to chemically alter delta-8 to make it just as potent.

“Delta-8 is chemically almost exactly the same, except you have to add a little heat or change it just a little bit in order to turn it into Delta-9,” explained Pat Davis, former chairman of the Governor’s Council to Legalize Recreational Cannabis.

Unlike cannabis, hemp products are not subject to the same testing or taxation, raising concerns about the potential presence of harmful pesticides or metals in these products.

“It takes a lot more hemp to produce the same amount of gummies or liquid THC,” Lewinger said, warning that contaminants could pose serious health risks.

Target 7 investigated the availability of these hemp-derived THC products and found them easily accessible at smoke shops and online. At one shop, products being sold were manufactured in Florida despite New Mexico’s local production requirement for cannabis. Online purchases required only a simple button click to certify age, with no verification process to ensure buyers were 21 or older.

“So any teenagers or younger can go in and buy these intoxicating products,” Lewinger said.

The hemp loophole stems from the 2018 Farm Bill, which legalized hemp cultivation for industrial purposes such as making clothes and plastics. However, the law unintentionally opened the door for the production of intoxicating delta-8 and delta-9 products without federal oversight.

“When they wrote the Farm Bill … they really didn’t get into the science of what else was in the plant,” Davis said. “We just haven’t caught up in our laws in terms of how we regulate the synthetic version.”

Other states have acted to close this loophole. At least 21 states, including California, have enacted bans or strict regulations on hemp-derived THC. In California, Gov. Gavin Newsom issued an executive order to ensure such products are not marketed to children.

New Mexico remains one of 21 states with no restrictions on hemp-derived THC products. Rep. Andrea Romero, D-Santa Fe, has repeatedly supported legislation to address the issue but has been unsuccessful due to competing priorities within larger bills.

“For New Mexico, getting to this stage of finding a place with which we can regulate it, either heavily or ban it altogether, I think would be a good move for us,” said Romero, who plans to introduce new legislation during the next session. “I think it’s a really important piece of legislation that we need to move through.”

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