State agency issues emergency rule cracking down on synthetic hemp manufacturing

SANTA FE — Three years after opening its doors to adult-use cannabis sales, New Mexico is on the brink of slamming them closed on certain lab-made hemp products.

The state Environment Department recently issued an emergency rule that, starting in mid-September, bans the production of synthetic cannabinoids like Delta-8 THC that are found in some hemp products sold in stores around New Mexico.

Specifically, the proposed rule requires that any synthetic cannabinoids used in hemp products undergo laboratory testing to ensure at least a 98% purity level.

A state Environment Department spokesman said Tuesday that essentially means only certain “non-intoxicating” synthetic cannabinoids could be used in finished products.

However, the rule would not apply to the sale or possession of synthetic marijuana products, unlike a bill proposed during this year’s 60-day legislative session.

Synthetic cannabinoids are chemically similar to cannabis plants but can pose serious health risks when ingested. Such products have names like “K2” and “Spice” and are often cheaper and easier to buy, according to the National Institute on Drug Abuse.

This year’s bill, House Bill 346, would have banned the purchase, possession or marketing of synthetic marijuana products. It would also have allowed the state Environment Department to revoke the business permits from retailers who sell such products and impose fines of up to $1,000 per violation.

Despite winning approval in both the House and Senate, the legislation died when the two new chambers could not agree on the same version of the bill.

New Mexico legalized adult-use cannabis sales in 2022, after lawmakers approved legislation on the subject a year earlier.

But the state has taken recent steps to ramp up enforcement of illicit actions in the cannabis industry, including giving the state Regulation and Licensing Department law enforcement powers to seize and destroy unlawful marijuana products.

Environment Department spokesman Jorge Estrada said Tuesday it’s yet to be determined whether RLD would assist with enforcement of the emergency rule.

But he said the Environment Department would take the lead in enforcement duties, pointing out the agency already has statutory authority over hemp manufacturing in New Mexico.

Hemp was removed from the U.S. Drug Enforcement Agency’s list of controlled substances in 2018, paving the way for legal hemp production nationwide.

While the emergency rule has already been issued and enforcement will begin next month, the Environment Department plans to hold a public hearing on a final version of the rule in November. The final rule would then take effect in January.