Albuquerque closes cannabis loophole that made it easy to sell to minors
City ordinance targets unregulated intoxicating hemp products sold in smoke shops, gas stations, and online
A legal loophole allowing unregulated cannabis-like products to be sold in gas stations, smoke shops, and online — sometimes to minors — has finally been addressed in Albuquerque. Following a Target 7 investigation, the Albuquerque City Council passed an ordinance this week restricting the sale of certain hemp products within city limits.The products in question come from hemp, a cannabis plant that differs from traditional marijuana only in legal classification and testing requirements. Unlike regulated marijuana, hemp doesn’t need to undergo safety testing, can be purchased online, and until now, was accessible to anyone.A Loophole in Federal LawThe cannabis loophole traces back to the 2018 federal Farm Bill, which legalized hemp cultivation nationwide. The bill was intended to allow farmers to grow hemp for industrial uses such as textiles, plastics, and animal feed. But it did not account for intoxicating compounds that can be extracted from the plant, such as Delta-8 and THCA, which mimic the effects of THC — the psychoactive ingredient in marijuana.“When they wrote the Farm Bill, they didn’t get into the science of what else was in the plant,” said Pat Davis, former chairman of the Governor’s Cannabis Legalization Council. “Everybody calls it a loophole, and that’s really what it is.”Davis noted that the bill opened the door to products with intoxicating effects being sold without the same oversight as recreational cannabis, which is highly regulated in New Mexico.Easier Access for KidsTo purchase recreational cannabis in New Mexico, buyers must be 21, and products must be tested for contaminants and grown within the state. The same is not true for hemp-derived products.Target 7 demonstrated how easy it is to bypass age verification on hemp websites, showing that with just one click, anyone — including minors — can access and order hemp products online.“You don’t have to be 21 to click that button,” one online user noted. “So any teenager can go in and buy these intoxicating products.”City Council Steps InOn Monday, the Albuquerque City Council approved new legislation that makes it illegal to sell intoxicating hemp-derived products such as THCA and Delta-9 within city limits.“The THCA Delta-9 loophole has been closed for sale,” said Indy White, an attorney for the New Mexico Cannabis Chamber of Commerce who helped draft the ordinance. “You can manufacture it, but you can’t sell it within the city.”White emphasized the ordinance as a critical first step and a model for other municipalities in the state.“It sets a really great precedent for the rest of the city and the rest of the state to pretty much do the same thing,” he said.Limits of the OrdinanceThe new city ordinance only applies within Albuquerque’s municipal boundaries. It does not impact sales in unincorporated areas of Bernalillo County or other parts of the state.Earlier this year, the New Mexico Legislature attempted to pass a statewide ban on intoxicating hemp products. That bill ultimately failed.White said advocates will continue pushing for a broader state-level policy. Until then, Albuquerque’s ordinance also restricts online sales within city limits — a move that supporters say could help reduce youth access to these products.New Mexico remains one of 21 states without a statewide ban on intoxicating hemp products.
A legal loophole allowing unregulated cannabis-like products to be sold in gas stations, smoke shops, and online — sometimes to minors — has finally been addressed in Albuquerque. Following a Target 7 investigation, the Albuquerque City Council passed an ordinance this week restricting the sale of certain hemp products within city limits.
The products in question come from hemp, a cannabis plant that differs from traditional marijuana only in legal classification and testing requirements. Unlike regulated marijuana, hemp doesn’t need to undergo safety testing, can be purchased online, and until now, was accessible to anyone.
A Loophole in Federal Law
The cannabis loophole traces back to the 2018 federal Farm Bill, which legalized hemp cultivation nationwide. The bill was intended to allow farmers to grow hemp for industrial uses such as textiles, plastics, and animal feed. But it did not account for intoxicating compounds that can be extracted from the plant, such as Delta-8 and THCA, which mimic the effects of THC — the psychoactive ingredient in marijuana.
“When they wrote the Farm Bill, they didn’t get into the science of what else was in the plant,” said Pat Davis, former chairman of the Governor’s Cannabis Legalization Council. “Everybody calls it a loophole, and that’s really what it is.”
Davis noted that the bill opened the door to products with intoxicating effects being sold without the same oversight as recreational cannabis, which is highly regulated in New Mexico.
Easier Access for Kids
To purchase recreational cannabis in New Mexico, buyers must be 21, and products must be tested for contaminants and grown within the state. The same is not true for hemp-derived products.
Target 7 demonstrated how easy it is to bypass age verification on hemp websites, showing that with just one click, anyone — including minors — can access and order hemp products online.
“You don’t have to be 21 to click that button,” one online user noted. “So any teenager can go in and buy these intoxicating products.”
City Council Steps In
On Monday, the Albuquerque City Council approved new legislation that makes it illegal to sell intoxicating hemp-derived products such as THCA and Delta-9 within city limits.
“The THCA Delta-9 loophole has been closed for sale,” said Indy White, an attorney for the New Mexico Cannabis Chamber of Commerce who helped draft the ordinance. “You can manufacture it, but you can’t sell it within the city.”
White emphasized the ordinance as a critical first step and a model for other municipalities in the state.
“It sets a really great precedent for the rest of the city and the rest of the state to pretty much do the same thing,” he said.
Limits of the Ordinance
The new city ordinance only applies within Albuquerque’s municipal boundaries. It does not impact sales in unincorporated areas of Bernalillo County or other parts of the state.
Earlier this year, the New Mexico Legislature attempted to pass a statewide ban on intoxicating hemp products. That bill ultimately failed.
White said advocates will continue pushing for a broader state-level policy. Until then, Albuquerque’s ordinance also restricts online sales within city limits — a move that supporters say could help reduce youth access to these products.
New Mexico remains one of 21 states without a statewide ban on intoxicating hemp products.
