Bloom & Barrel

New Mexico

Hemp-derived THC beverage regulation

New Mexico

State Regulated
Beverage Status State Regulated
Cannabis Regulation Adult Use & Medical
Retail Outside Dispensary? Yes.
Section 01

General Regulation

Hemp Derived THC Beverage Status State Regulated
Cannabis Regulation Adult Use & Medical
Retail Outside Dispensary System? Yes.
Hemp Beverages Specifically Regulated? Yes.
Serving / Potency / Dosage / THC Type Limit

As of Jan. 28 for in-state manufacturers and distributors only: 2mg per serving and 20mg per container, though the serving size limitations are keyed to FDA rules, effectively limiting beverages to one serving (and therefore 2mg). The state agency does not have authority over retail sales or out-of-state producers.

DTC from Out-of-State Yes, not explicitly prohibited.
Licensing

Permits for manufacture in state required, with restrictions on what kind of THC may be used (prohibits synthetic and semi-synthetic). No restrictions on out of state manufacturers.

Section 02

Labeling & Packaging Requirements

State Has Labeling Rules? No.
State Has Packaging Rules? No.
Label / Product Registration

N

Symbol Required? None.
Symbol Detail
Best By / Expiration / Use By
Labeling Description

Hemp finished products produced for:

(1) human consumption shall meet the applicable labeling requirements of 21 CFR 101 and the New Mexico Food Act; and

(2) absorption by humans shall meet the applicable labeling requirements of 21 CFR 701 and 740.

(3) inhalation by humans shall meet applicable state and federal labeling requirements.

B. In addition to the labeling requirements specified in Subsection A of this section, hemp finished products shall clearly identify on the principle display panel of the label:

(1) CBD content in the package and/or container, labeled in milligrams; and

(2) Total THC content in the package and/or container, labeled in milligrams.

D. Unless otherwise approved, statements representing or inferring a hemp finished product contains no THC are prohibited.

E. Hemp facilities shall design, maintain and use a coding system that will identify the date and place of manufacture of each hemp product and shall be clearly visible on the product label or securely affixed to the body of the container.

F. Except as specified in paragraph (1) of Subsection D of 20.10.2.14 NMAC, product concentration and content stated on a hemp finished product label shall not deviate by more than ten percent of what is stated on the label.

G. Hemp finished products shall not contain medical, health, or benefit claims on the label.

Rules are expected July 1, 2025 that would institute new requirements. See NMSA 76-24-8.

Warning Statement

No.

Packaging Description

Rules are expected July 1, 2025 that would institute new requirements. See NMSA 76-24-8.

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