CBD Oil in New Mexico: Is It Legal and Where Can You Buy It?

Disclaimer: All of the information in this guide is based on our own research into the topic. We have done our best to use accurate and up-to-date information from respected and credible resources. However, we cannot claim to be a legal authority, and none of the following information should be taken as legal advice.

A Guide to CBD Oil in New Mexico

  • Hemp-derived CBD is probably more legal in New Mexico than in any other state.
  • To be considered hemp-derived, CBD must have 0.3 percent THC or less.
  • Consumers in New Mexico are enjoying CBD from all sources, including retail and online.
  • New Mexico has a robust hemp-growing program, and products made in the state are likely to hit the shelves soon.
  • Unfortunately, there are no regulations on packaged CBD products from out of state.

Is CBD Oil Legal in New Mexico?

New Mexico has long been a state known for doing its own thing. It takes state’s rights seriously, and therefore protects citizen rights as well. When you consider the legality of CBD in New Mexico, keep this tradition in mind.

People all over the Land of Enchantment are appreciating CBD products made in state and imported from out of state. They have the freedom to order CBD of all kinds online, and they can walk into almost any store to purchase products ranging from the classic oils to novelty items and foods infused with CBD.

Most other states in the country are still grappling with CBD laws because things are downright confusing. That’s because everyone thought that the 2018 Federal Farm Bill made CBD legal and opened the doors for an unfettered market.

The 2018 bill, which separated hemp from marijuana and took products derived from the hemp plant off the DEA’s list of controlled substances, did open the door to a new market that immediately skyrocketed. However, the U.S. Food and Drug Administration has since asserted its authority and left the whole CBD industry in an uncomfortable legal gray area for states that have not taken matters into their own hands.

Are There CBD Laws in New Mexico?

New Mexico has some of the most comprehensive laws in the state regarding CBD. In April 2019, the governor signed into law a bill that covered every aspect related to CBD, including growing and processing hemp, manufacturing and labeling products, and importing and selling CBD. Consumers can now confidently purchase CBD, and the state regulations are intended to protect them.

The one thing that may trip up New Mexico in its effort to fully protect consumers is the resources to enforce regulations once CBD products make it to a retail level. Business owners do not need any special licensing to sell CBD, and they do not have to register with the state.

CBD in New Mexico: Understanding Different Types of CBD Products


Most people picture CBD oil when they think of CBD. This is the form that made CBD famous, and people all over the United States currently take Penguin CBD oil daily. 

The standard way to take oil is to put a few drops (or a whole dropperful) under your tongue and keep it there for a minute or two. You can also simply add it to your food and beverages.


Our CBD oil is made with the best Oregon grown hemp. Comes in mint, citrus, natural, strawberry and cookies & cream flavors.

Shop Now

Starting at $45

CBD Capsules

While you can certainly create a ritual around taking CBD capsules, this product is geared more toward customers who are simply getting their dose and moving on. Penguin CBD capsules are great for traveling, and are designed for customers with a busy lifestyle.  

CBD Capsules

Convenient, discreet and travel-ready, our CBD capsules can be taken anywhere with ease. Each capsule contains 10mg of our broad-spectrum hemp extract suspended in MCT oil.

Shop Now

Starting at $45

CBD Gummies

CBD gummies are just plain fun. Penguin’s worm-shaped CBD gummies are bright and colorful, coated in a sweet-and-sour sugar, and our customers love the way they taste. With 10mg of CBD, they are just the right dose for a discreet, delicious snack.

CBD Gummies

Made with the purest CBD isolate, our CBD gummy worms are a treat for your taste buds. Every container contains 30 individual worms, with each one packing 10mg of CBD.

Shop Now

Starting at $45

CBD Cream

CBD cream is one of the most delightful ways to pamper your skin. Penguin’s CBD cream is infused with cooling peppermint and lavender to stimulate your senses. Our base of shea and cocoa butter is just the right blend to leave you feeling smooth and radiant all day long.

CBD Cream

Our CBD cream is a luxurious cream that’s silky smooth and cooling upon contact. Its terpene rich formula is designed to be absorbed quickly.

Shop Now

Starting at $55

Industrial Hemp in New Mexico

In 2014, the federal government adopted a bill to support research programs in states, growing hemp in conjunction with universities for the purpose of understanding local markets and best growing practices for each region. New Mexico adopted a hemp research pilot program under this legislation, and they have been operating under it ever since.

In 2018, the Farm Bill signaled new regulations for states supporting independent commercial growing programs, with approval from the USDA. New Mexico will be operating under this new legislation for the 2020 growing season. However, the New Mexico Department of Agriculture’s website is currently mostly under construction, so information about the program is not readily available.

What we do know is that the new program is just as comprehensive as the old, and that growers, handlers, processors and manufacturers must all register with the state in order to operate legally. New Mexico has several reservations with robust tribal plans, and they are free to operate independently of the state.

Anyone wishing to manufacture hemp products with imported raw materials, distillate or isolate must obtain their products from an approved supplier. This takes consumer protections at least one step further than most states, where the line ends at processing.

Can I Purchase CBD Online in New Mexico?

Purchasing CBD

You can purchase CBD just about anywhere in New Mexico. People are selling CBD at specialty shops, grocery stores, farmers’ markets and everywhere retail products are sold. The trouble with buying your products at these places is that shopkeepers do not necessarily make their product choices conscientiously, nor do they necessarily know much about the CBD they are selling.

It is difficult to do your research when you are standing in the middle of a crowded store or have a clerk standing over you waiting for you to make a decision. That’s why many consumers prefer to do their CBD shopping online, where they can investigate the companies they are considering making a purchase from.

CBD Oil in New Mexico

Even though New Mexico has put every effort into protecting consumers to ensure a thriving CBD market in the state, the legislation is in its infancy and enforcement agents are still working out the details. Additionally, once a product is made and packaged, there is nothing stopping a retailer from selling it.

The problem with this model lies in the fact that other states do not necessarily have such robust protections in place for consumers. While manufacturers in New Mexico must purchase their materials from approved sources when buying out of state, retailers can sell prepackaged products from anywhere. This means that imported CBD products are prone to being made by companies taking advantage of lack of regulation and information.


At Penguin CBD, we want you to make informed decisions. We believe in the power of CBD. We know that deception in the CBD market means it will take longer for CBD to become recognized as a legitimate industry free of stigma. 

That’s why we take pride in the transparency and quality of our products. You will never have to wonder what else may be in our CBD or where it came from, because we proudly share all that information right on our website. Our informational blog aims to answer all your questions, and we are happy to answer any other questions you may have as well.

Final Thoughts About CBD in New Mexico

We hope that other states take a chapter from New Mexico’s CBD legislation book when it comes to handling CBD laws. The Land of Enchantment has taken the lead in creating a comprehensive set of laws that protect consumers and encourage the growth of a brand-new industry.

Consumers in New Mexico have legal access to a wide range of CBD products, and many will soon be created from hemp grown and processed in the state. 2020 is the first year for commercial hemp growers under the new USDA structure, so there will probably be a learning curve, but the state is equipped to make its way to the head of the pack.

As for consumer protections, New Mexico has one of the most comprehensive set of regulations, but it stops short of restricting CBD products that come from out of state and are sold by retailers. Hopefully, this will get worked out in the near future.

In the meantime, visit Penguin CBD’s website to browse some of the best CBD products on the market today.