An Albuquerque ordinance meant to ban the sale of synthetic THC-lookalike products may have missed its mark, allowing semi-synthetic cannabinoids like Delta-8 and THC-A to remain legal after amendments changed the bill’s scope.
The City Council passed the amended “Intoxicating Hemp Products” ordinance June 2, aiming to close a legal loophole and protect kids from unregulated products that often look like candy or wellness items. But changes made in committee redefined what counts as a banned substance, leaving many of the products the ordinance was meant to restrict still on store shelves.
Councilor Dan Lewis, who sponsored the measure, admitted the final version reflects the council’s intention to curb sales to minors, but cannabis industry advocates say the law fails to meaningfully restrict access. With a possible mayoral veto on the table, the ordinance’s fate remains uncertain.
“That amendment was made months ago in committee, and that was the intention,” Lewis said. “I mean, that was the final bill that we voted on, and it does make a big impact on the product that we were focusing on.”
What the law says
The City Council made the changes to the ordinance during its Finance and Government Operations Committee meetings in May, shifting its focus and inadvertently leaving many originally targeted products still legal.
The original version raised flags about Delta-8 THC and THC-A, but the final version narrows its focus to Delta-9 THC, the main compound in cannabis that causes the “high”.
It clearly exempts Delta-8 and natural THC-A, allowing these products to be sold as long as they contain less than 0.3% Delta-9 THC.
The ordinance defines “synthetic cannabinoid” but carves out two exceptions — compounds that naturally convert into THC through heat, THC-A and semi-synthetic cannabinoids made by altering CBD, such as Delta-8.
Semi-synthetic cannabinoids are partly human-made, so the law treats them differently from fully natural ones. Fully synthetic cannabinoids, which are completely man-made and mimic THC, are often banned because they can be risky. The natural process of converting THC-A into intoxicating Delta-9 THC is called decarboxylation, as happens when smoking or cooking cannabis.
This marks a major shift from the original draft, which aimed to ban a wider range of lab-made cannabinoids. Products like Delta-8, Delta-10 and THC-A are created by modifying hemp to boost THC levels beyond the federal 0.3% limit.
The ordinance says these products exploit a “derivatives loophole” in federal law, allowing them to be legal because they start from hemp, even though they’re processed into intoxicating forms.
The final rules focus on retail sales, not personal use or possession. The goal was to stop the sale of high-THC hemp products, often found in gas stations or convenience stores without age limits and sold in packaging that looks like candy or wellness items.
“I mean, there were amendments made throughout the process, and the final bill reflects the intention of the bill,” Lewis said. “Which is to impact the sale of those dangerous products sold to kids.”
Patricia Monaghan, a New Mexico cannabis business attorney with the Monaghan Law Office, said the final ordinance falls short of its goal.
According to Monaghan, it doesn’t accomplish what the council intended.
“It’s not banning the sale of unregulated, hemp-derived products,” she said. “Because of the amendment, that mutes it or makes it ineffective.”
“That’s exactly what we needed to try to address, and then it doesn’t address it,” she said.
City Desk ABQ reached out to the New Mexico Cannabis Chamber of Commerce but has not yet received a response.
What’s next
According to administration officials, Mayor Tim Keller elected not to exercise his veto power on the bill and they said he will not sign it.
Get Involved
With the City Council taking a summer break, the next City Council meeting is at 5 p.m. Aug. 4 in the Vincent E. Griego Chambers, basement level of the City of Albuquerque Government Center, 1 Civic Plaza NW.
To speak during public comment, you must sign up by 4 p.m. the day of the meeting. If you don’t have internet access, call 505-768-3100 for help.
Join virtually:
- Zoom link: cabq.zoom.us/j/84979163903
- Webinar ID: 849 7916 3903
- Phone: 669-444-9171, then enter the Webinar ID
Watch live:
- Comcast Channel 16 (GOVTV)
- Stream at cabq.gov/govtv
- On YouTube at youtube.com/@GOVTVBoardsCommissionMeetings
- Stream at cabq.gov/govtv
On YouTube at youtube.com/@GOVTVBoardsCommissionMeetings