Illicit marijuana disguised as hemp is making its way onto the shelves of convenience stores and gas stations across New Mexico. Despite laws intended to ensure that only licensed dispensaries can sell cannabis, black market cannabis is finding new ways to bypass the system. These illicit sales put public safety and youth at risk and weaken the effectiveness of the state’s regulations.

Why the Line Between Hemp and Marijuana Matters

Both hemp and cannabis plants look almost identical to the untrained eye, but chemical differences set them apart. Hemp is legally required to contain less than 0.3% THC (the compound that gets people high), while marijuana contains much higher levels. This simple difference is crucial to regulations and consumer safety. Yet, illicit marijuana disguised as hemp is flooding stores, confusing consumers and undermining the rules.

How Black Market Cannabis Skirts the Law

Regulations in New Mexico require cannabis to be licensed, tested, and labelled, but these do not always apply to hemp. Enter the black market. Some producers simply package high-THC cannabis as if it were legal hemp, allowing it to appear on shelves outside of dispensaries. A child or adult shopping at a store could easily mistake these products for legal, non-intoxicating hemp.

Lab Testing Exposes Illicit Marijuana Disguised as Hemp

Recent investigations shine a light on this dangerous trend. For example, a pre-rolled cigarette named “Permanent Marker” was bought from a gas station and labelled as hemp. Independent lab tests found it contained 25% THC, making it strong marijuana, not hemp. Similarly, products like “Cheech and Chong’s 8-Gelato Flower” and “SkyWalker” vapes were marketed as hemp but were found to contain levels of THC typical of cannabis, along with other concerning chemicals.

Out of 18 so-called hemp samples tested, only two were actually hemp. The rest were just black market cannabis passed off as hemp, showing the scale of this problem.

The Risks to Health and Community Safety

Illicit marijuana disguised as hemp is not regulated or tested the same way as legal cannabis from licensed dispensaries. This means that buyers could unknowingly be exposed to:

• High THC levels: These products can cause intense intoxication, especially in young people who might buy them by mistake.
• Contaminants: Some tested samples, including “Cheetah P***” and “Gorilla Glu,” contained banned pesticides at levels inappropriate for human consumption.
• Unlabelled chemicals: Vapes like ‘SkyWalker’ were found to contain HHC, a chemical that is a Schedule I controlled substance.

Public safety depends on clear labelling, honest sales, and robust regulation. The black market undermines each of these, making it easier for kids and adults alike to unwittingly consume strong cannabis.

Weak Enforcement Gives Black Market Cannabis Room to Thrive

Many state laws are on the books to prevent these situations. However, a mix of unclear regulations and limited enforcement keeps the situation out of control. The New Mexico Environment Department’s Hemp Bureau, for example, has said that their regulations only apply to hemp made in New Mexico, leaving them powerless over out-of-state products. The NM Cannabis Control Division acknowledges it cannot take action unless certain complaints are filed, and even then, enforcement is limited.

This lack of strong oversight encourages more individuals to break the laws, driving the growth of black market cannabis.

Real-World Impact and Reactions

Industry experts estimate that these illegal sales account for hundreds of millions of dollars. Convenience store shelves packed with products labelled as hemp but loaded with THC undermine consumer trust. These stores are selling substances to anyone who wants them, even minors, all while avoiding licences and health checks.

Local authorities are aware of the problem; in some instances, criminal investigations have begun. However, the scale of the challenge means enforcement is slow and patchy.

What Can Be Done to Tackle Illicit Marijuana Disguised as Hemp?

Strong responses are needed to protect New Mexico’s families and uphold the intent of marijuana and hemp regulations:

• Strengthen labelling laws: Require independent verification for all alleged hemp products before they hit local store shelves.
• Improve enforcement: Give state agencies more power to intervene, especially concerning out-of-state products.
• Educate the community: Help people recognise the difference between legal hemp and illicit marijuana disguised as hemp.
• Tighter sales laws: Close loopholes that allow black market cannabis to be sold like snacks or drinks at everyday stores.
• Call for cross-agency cooperation: Law enforcement and health departments must work together more rapidly to stop illegal sales and protect public health.

These steps would reduce the impact of black market cannabis and keep dangerous products off shelves where children and unsuspecting adults shop.

Source: KRQE News