New Mexico Issues Hemp Emergency Rules

By Emily Hackman

Aug 8, 2025

In response to mounting concerns about the safety and regulation of synthesized cannabinoids in hemp products, New Mexico has taken action. Recent reports of adverse health effects in other states, alongside cautionary statements from federal agencies, have prompted the New Mexico Environment Department (NMED) to implement emergency amendments to state rules governing hemp extraction and production. 

New Mexico Issues Hemp Emergency Rules for Synthesized Cannabinoid Products 

On August 1, 2025, the NMED issued an emergency amendment to 20.10.2 NMAC Hemp Extraction, Production, Transportation, Warehousing, and Testing. The Department cited adverse effect reports, statements from the FDA and CDC, and unknown short- and long-term health impacts as an explanation for the urgency of the rule. The rule is set to become effective on September 1, 2025, and hemp facilities are required to achieve full compliance by August 15.  

This emergency rule applies to all hemp facilities operating within New Mexico, including extraction, manufacturing, and warehouse operations. Per NMED, it also extends to cannabis manufacturers utilizing hemp-derived ingredients in their products. With that said, however, the amendment specifically targets issues related to the production and inclusion of synthesized cannabinoids in hemp finished products. Importantly, the rule does not alter the status of naturally derived hemp and hemp products currently produced and sold by manufacturers who are permitted and inspected by the Department’s Cannabis and Hemp Bureau. 

As part of this comprehensive regulatory effort, NMED introduced new definitions and modifications to ensure precise and enforceable standards for industry participants. The following sections outline these new definitions and summarize the key amendments that will impact hemp facilities and manufacturers statewide. 
 

NMED Creates New Definitions for Key Categories  

The updated terminology and definitions used by NMED in the hemp emergency rules lay the foundation for future regulation and enforcement of synthetics. Here is the most significant new definition created by the emergency rule: 

• “Semi-synthetic cannabinoid”  means a substance that is created by a chemical reaction that converts one cannabinoid extracted from a Cannabis sativa L. directly into a different cannabinoid. Semi-synthetic cannabinoid does not include cannabinoids produced via decarboxylation of naturally occurring acidic forms of cannabinoids, such as Tetrahydrocannabinolic acid into the corresponding neutral cannabinoid, such as THC, through the use of heat or light, without the use of chemical reagents or catalysts, and that results in no other chemical change. 

In other words, a semi-synthetic cannabinoid is a substance made by chemically changing one natural cannabinoid into another. This does not include changes made just by heating, like turning THCA into THC, unless chemicals are used. 

Notably, the term “synthetic cannabinoid” is not defined. This appears to be a drafting oversight in the emergency rules. NMED intended to define this term, and their summary indicates they defined the term. As a result, we should expect an updated definition for this term very soon. 
  

How the Hemp Emergency Rule Amends Existing Regulations for New Mexico Operators 

• The hemp emergency rules made a number of substantive changes to the way hemp operators in New Mexico will be doing business. Here is a summary of key updates:  Hemp facilities cannot receive, possess, manufacture, offer, advertise, market, or sell semi-synthetic cannabinoids or synthetic cannabinoids or products containing semi-synthetic cannabinoids or synthetic cannabinoids. 
• Hemp facilities must obtain documentation from the supplier demonstrating the received material is hemp-derived at or before the time of receiving hemp-derived material or hemp extract. 
• Beginning September 15, 2025, hemp facilities may receive and use as an ingredient in finished hemp products the following semi-synthetic cannabinoids or synthetic cannabinoids only if, before they are used in manufacturing, the hemp facility confirms via a completed laboratory analysis that the purity of the cannabinoid is 98% or greater. 

• • THCV
  • CBC
  • CBT
  • CBL
  • CBE
  • CBG
  • CBDV
  • CBD
  • CBN 

Additional amendments may be forthcoming. Our hemp team is tracking additional updates from the NMED and will publish additional information as it comes to light. 

Next Steps For Hemp Businesses in New Mexico 

Hoping to provide some helpful information to help the industry adapt, the NMED held an industry training via Zoom at 10:00 am local time on August 6. However, these changes may not become permanent. The emergency rule will expire in 180 days unless the NMED adopts a permanent rule.  

To keep within the 180 day timeline, NMED will complete the drafting of its final rule and submit it for public comment in September 2025. NMED then plans to hold a hearing to adopt the final rule in November 2025, with the final rule becoming effective in January 2026. 

If you would like assistance in adapting your business operations to the new hemp emergency rules in New Mexico, reach out to us. We have a dedicated hemp team that tracks and maintains 50-state compliance guides for operators in the sector, and we’re here to help you keep your business on track. In the meantime, come back here for updates about the new hemp regulations in New Mexico as the rules are drafted and submitted for comment.