Congress has redefined what counts as “hemp” and effectively banned hemp-derived intoxicants in a move that could have big effects for New Mexico’s hemp sector.
The new language measures “total THC”—including THCA and other THC-isomers—rather than only Delta-9 THC when determining whether plant material or finished goods qualify as legal hemp. It also establishes a strict total-THC cap for finished consumer products. As a result, many of the THCA-rich or chemically converted hemp products that have filled retail shelves in recent years will no longer meet the federal definition once the law takes effect.
For New Mexico hemp farmers, the impact could be significant. Growers who cultivate high-THCA varieties for smokable flower or specialized markets may see demand for those crops shrink sharply. Processors and extractors who purchase high-THCA biomass could face financial strain as many formulas will need to be reformulated or discontinued. Farmers hoping to stay compliant may need to switch to low-THC genetics or pivot toward fiber or seed production.
None of the state’s hemp producers, manufacturers or industry groups that NM Political Report reached out to—including the New Mexico chapter of the National Industrial Hemp Coalition—responded to a request for comment on the new ban, except for Humble Brands, a personal-care company based in Taos that declined an interview.
Players in the New Mexico legal cannabis scene were responsive, though. Duke Rodriguez, CEO of one of the state’s biggest marijuana retailers, Ultra Health, says lack of federal guidance harms the state’s cannabis industry, and the federal government’s delineation between “cannabis” and “hemp” is the reason intoxicating hemp products have become so popular.
“We have a fully regulated adult-use market, yet the loopholes around THCA and Delta-8 show up anyway, because the federal definition is broken,” says Rodriguez.
The original federal definition of “hemp” is cannabis that has less than 0.3 percent Delta-9 THC per dry weight. This means that the difference between “hemp” and “marijuana” is only a minuscule amount of Delta-9 THC.
When it came to hemp-sourced THCA products, that line was meaningless because THCA converts to Delta-9 THC when it’s heated up. This means that if a hemp product has a high amount of THCA, then it will still get users high even without any Delta-9 THC in the plant.
“It was cannabis marketed as something else,” says Rodriguez. “Everyone knows it. Chemistry doesn’t care what Congress calls it. If a product gets you high, and it’s grown, extracted or sold outside the licensed system, it’s unregulated cannabis. Period.”
Rodriguez says a federal ban won’t really help curb the use of intoxicating hemp, though. “The problem isn’t the molecule,” he says. “The problem is the lack of a coherent federal framework.”
Before the federal change, New Mexico had already tightened its own rules related to intoxicating hemp products. In August, the New Mexico Environment Department (NMED) issued an emergency amendment to state hemp regulations that specifically bans chemically manufactured cannabinoids from being produced and used inside New Mexico. The federal action goes further by redefining hemp so that any product with too much total THC, no matter how it was derived.
But Rodriguez isn’t convinced that this will be the end of it. “You can ban one cannabinoid today and a new variation will appear tomorrow.”
