Industrial Hemp Research: FAQ

Frequently Asked Questions:

Senate Bill 6 Industrial Hemp Research Rules

Q. Where does Senate Bill 6 (Industrial Hemp Research Rules) stand?

A. On April 25, 2018, the New Mexico Supreme Court overturned the previous veto of the bill by Governor Martinez, allowing for the enactment of Senate Bill 6 and nine other bills.

Q. Can I grow hemp in New Mexico legally at this time?

A. Not at this time.

Q. What is the next step?

A. Following the New Mexico Supreme Court ruling, New Mexico Department of Agriculture initiated the rule-making process that will result in specific requirements related to hemp production.

Q. What will be included in the rule?

A. The rule will address provisions stated in Senate Bill 6, including, but not limited to: licensure, training of law enforcement personnel, inspection, record keeping, and fees.

Q. What is involved in the rule-making process?

A. Following the development of a draft rule, the following steps are required by state statute:

    1. A notice of public hearing that will include date, hearing location, rule summary, authority, and link to the draft rule will be published in the state register at least 30 days prior to the date of a hearing  (164.64.110.239/nmregister/);
    1. A hearing officer will preside over public hearings held in specific locations where the officer will accept and record input from stakeholders and residents;
    1. Based on public input, the hearing officer will make recommendations to the Secretary of Agriculture;
    1. The Secretary of Agriculture will, if needed, amend the draft rule and present it to the New Mexico State University Board of Regents for their review and vote;
  1. If approved by the Board of Regents, the rule will be filed with the Commission of Public Records prior to promulgation.

Q. What is the time-frame for this process?

A. The goal is for the rule to be presented to the NMSU Board of Regents at one of its meetings in the fall of 2018.

Q. How is hemp defined in Senate Bill 6?

A. The bill defines hemp as having a THC (the active ingredient of cannabis) content of no more than three-tenth’s percent on a dry weight basis.