The Albuquerque City Council voted 7–2 to ban the sale of synthetic THC-lookalike products, calling them a health risk and saying there’s no solid oversight.
Albuquerque would become the first city in New Mexico to ban the production and sale of hemp-based cannabinoids like Delta-8 and THC-A if the mayor doesn’t veto the June 2 vote. Supporters say the move shuts down a legal loophole and keeps kids safe from unregulated products that often look like candy or wellness items. Critics argue it’s prohibition, hurting small businesses and people who use hemp as a milder alternative to marijuana. They also warn it could fuel a black market.
Now the big question is what happens next — will the mayor sign it and how will the city enforce it?
“This is a product that’s not regulated by the state, and it’s really poison, and it’s being sold to children,” Councilor Dan Lewis said.
Since 2022, New Mexicans have spent about $1 billion on legal, THC-containing cannabis after lawmakers and Gov. Michelle Lujan Grisham opened the market for adult use.
But the state’s underground marijuana trade is thriving. According to a KRQE investigation by Larry Barker, one industry expert estimated New Mexico’s black market tops $200 million a year, fueled in part by unlicensed marijuana lookalikes sold in gas stations and convenience stores.
“[Barker] did a really good job of explaining the product that’s sold in retail convenience stores around Albuquerque, it’s really marketed for children, it’s put in packages,” Lewis said. “It’s a synthetic product that oftentimes has a THC level that you’d find in other marijuana products that are regulated by the state.”
Cannabis and hemp may look the same, but they’re chemically different — hemp doesn’t get people high.
Products like Delta-8, Delta-10 and THC-A are made by altering hemp to boost its THC levels above the legal 0.3%. The ordinance says these products take advantage of a “derivatives loophole” in federal law, which allows hemp-derived cannabinoids with low Delta-9 THC but doesn’t regulate their conversion into intoxicating forms.
Lewis said the ordinance came in response to concerns from industry members and residents who urged the city to take action. He said the goal was to target the specific issue without interfering with the broader cannabis or hemp industries.
The ordinance focuses on retail sales, not personal use or possession, and aims to stop the sale of high-dose synthetic hemp products that often end up in gas stations and convenience stores with no age limits and kid-friendly packaging.
“If your business model is to market that high-dose and put it into the hands of retail, convenience stores, gas stations, and sell it to children and package it in a way where children could buy it, then that’s exactly what this bill has to do with,” Lewis said. “In fact, it doesn’t have any to do with the manufacturing of this product whatsoever.”
He called the products “poison” and pointed to the KRQE investigation showing how common they’ve become in Albuquerque.
Arguments for and against
Supporters of the ordinance backed Councilor Lewis’ concerns, saying unregulated hemp-derived products pose serious health risks, especially to kids. They’re often sold at gas stations with no age restrictions and packaged to look like candy.
“Having undefined chemicals in the marketplace with unknown safety profiles is a risk to not just children but everyone,” said Charles Villanueva, a chemist in the hemp industry.
Kimberly Sanchez Rael, president and CEO of SRE Wellness, a licensed hemp manufacturer in Albuquerque, also supported the ban. She said the 2018 Farm Bill wasn’t meant to open the door to high-dose intoxicating products. “I don’t believe congressional intent was ever to unleash these kinds of products into the channels they’re now in,” she said, adding that the ordinance is a needed step to rein things in locally.
While an update to the Farm Bill is expected to address how hemp is defined and regulated, supporters of the ordinance said Albuquerque couldn’t afford to wait.
The proposed federal changes would either ban these products or move them under existing state cannabis rules. Some hemp industry leaders also backed the city’s move, calling it a necessary step to protect public safety.
Critics say the ordinance will cost jobs, harm small businesses and eliminate products relied on by seniors, veterans and patients. They argue the hemp industry is already regulated and fear a growing black market.
Councilor Tammy Fiebelkorn and Council President Brook Bassan were the two councilors who voted against the ordinance.
Fiebelkorn said she supports stronger rules to keep intoxicating hemp products away from kids, but pushed back on how the ordinance was being described and true regulation would involve setting rules like age limits or labeling requirements, not banning the sale outright.
“I just keep hearing that we want to regulate this industry, which I agree with,” she said. “But this is not a regulation — this is a prohibition on a product.”
Bassan said she supports keeping intoxicating hemp products away from kids but raised concerns about how the ordinance would be enforced.
“I absolutely want to keep children safe,” she said. “I’m concerned about the cart before the horse.”
Bassan questioned whether city departments have the resources and plans in place to inspect hemp businesses and test products. “Are they going to go into every hemp business in Albuquerque?” she asked.
She also asked how inspectors would know if a product exceeds the 0.3% THC threshold and how much it would cost the city to test products at outside labs, since the current crime lab lacks the necessary capabilities.
Chief Administrative Officer Samantha Sengel said both Environmental Health and APD are still developing protocols, and that outside labs would likely be needed for testing.
Sengel said the Environmental Health Department is concerned about having the capacity to take on more businesses without knowing how many there will be.
“I think everyone is still in the fact-finding stage to figure out the impact,” she said, adding the administration would return to the council for funding if needed to carry out enforcement.
Lewis said the ordinance lays out clear requirements for signage and citations. “The same thing, if there was someone selling cocaine out of a gas station,” he said.
The city’s not sending officers to every store, Lewis said, but they’ll step in when there’s a complaint.
Still, Bassan pushed back.
“It’s not very clear to me,” she said. “There’s a whole bunch of gray areas. I’m concerned that while this is maybe really good intentioned, we’re going to end up having a potential to have to come back, as we have many other times, and have to retract the same thing that’s getting passed with good intention.”
City Desk ABQ reached out to the mayor’s office for comment on the ordinance banning sales of intoxicating hemp products.
“Preventing these products from being sold to kids is important, and we support that goal,” said Jeremy Dyer, marketing manager for the Environmental Health Department. “We still have questions about how enforcement will work, so we are evaluating.”
Get involved
Mayor Tim Keller has up to 10 days from the June 2 vote to sign or veto the ordinance. To share your thoughts, contact his office:
Online: cabq.gov/mayor/contact-us
Phone: 505-768-3000
Mail: Office of the Mayor, PO Box 1293, Albuquerque, NM 87103
Your input matters during the decision window.