Albuquerque City Council Passes "Intoxicating Hemp Products Ordinance" to Protect Public Health and Safety

ALBUQUERQUE, NM — On Monday, June 2, 2025, the Albuquerque City Council passed O-25-78, the "Intoxicating Hemp Products Ordinance," sponsored by District 5 Councilor Dan Lewis. This landmark legislation introduces a new Part 3 to Chapter 9, Article 11 of the Revised Ordinances of Albuquerque 1994, directly addressing the growing public health and safety concerns associated with the unregulated sale of intoxicating hemp-derived products.

Councilor Lewis emphasized the critical need for this ordinance, stating, "For too long, intoxicating hemp products, such as Delta-8 THC, Delta-10 THC, and THC-A, have been sold in an unregulated environment, posing significant and unacceptable risks to our community, particularly our youth. This ordinance closes a critical loophole and provides the necessary framework to ensure these products are not exploited to mimic controlled substances or contribute to their abuse."

The ordinance directly responds to the "derivatives loophole" in federal law, which permits the sale of hemp-derived cannabinoids with less than 0.3% Delta-9 THC but fails to adequately regulate the conversion of hemp into intoxicating products. This lack of regulation has created a market where intoxicating hemp products are often indistinguishable from legal, non-intoxicating hemp products and are not subject to the same stringent marketing scrutiny as those in the regulated recreational and medical cannabis market.

 
The "Intoxicating Hemp Products Ordinance" includes:
• Prohibition of Unlawful Operations and Sales: It is now unlawful to maintain or operate a business that chemically or synthetically alters hemp to exceed 0.3% tetrahydrocannabinol. The sale, advertisement, offer for sale, or manufacture of synthetically derived cannabinoid products with THC or comparable cannabinoid concentrations above 0.3% is also prohibited.
• Enhanced Enforcement: The Albuquerque Police Department, Environmental Health Department, and other designated agencies will enforce the ordinance. Violations will be classified as petty misdemeanors, and businesses found in violation risk having their operating licenses revoked.
• Signage and Education: Licensed businesses selling non-intoxicating hemp products are now required to display signage stating, "Sale of intoxicating hemp products is prohibited under Albuquerque law." The City will also provide educational materials to retailers and the public to raise awareness about the risks associated with these products.
• Clear Definitions: The ordinance provides precise definitions for terms such as "Industrial Hemp," "Synthetically Derived Cannabinoid," and various "Tetrahydrocannabinol (THC) or Comparable Cannabinoid" types, ensuring clarity and enforceability.

"This ordinance is a vital step in safeguarding our public health, discouraging misuse, and promoting compliance with existing laws," Councilor Lewis added. "We are ensuring that Albuquerque is proactive in protecting its residents from the potential harms of these unregulated substances, especially our most vulnerable populations. This is about responsible governance and prioritizing the well-being of our community."