U.S. Customs and Border Protection has been seizing cannabis in the southern part of the state, sparking tensions with Democratic Gov. Michelle Lujan Grisham.
Crackdown on Legal Cannabis
Drug cartels and human traffickers aren’t the only people dodging border patrol officers these days in southern New Mexico. The state’s cannabis businesses — which operate legally under state law — are also desperately trying to evade border checkpoints.
Federal Crackdown
That’s because U.S. Customs and Border Protection officers have seized more than $300,000 of state-licensed cannabis in New Mexico in the last two months. These seizures occurred at border patrol checkpoints, some of which lie as far as 80 miles from the U.S.-Mexico border.
Governor’s Concerns
The crackdown has created tension between the Biden administration and Democratic Governor Michelle Lujan Grisham — who championed marijuana legalization and touted it as an economic boon for the state.
Conflicting Policies
The enforcement actions are occurring as the Justice Department is preparing to loosen federal restrictions on marijuana, which would mark the biggest liberalization of drug policy in more than half a century.
State-Licensed Producers in Crisis
Cannabis growers and producers residing south of the checkpoints are now scrambling to find ways to get their product north. Some have discussed moving their operations north to Albuquerque, the state’s largest city. Others are using tactics to bypass checkpoints that originate in a time when the cannabis world was still entirely off the books.
Governor’s Intervention
In a recent phone conversation with an unnamed senior Biden administration official, Lujan Grisham called Department of Homeland Security Secretary Alejandro Mayorkas’ response to the crackdown “inappropriate.”
Legal Challenges
An act of the federal government would be the fastest way to ensure state-licensed cannabis businesses do not experience seizures of regulated cannabis.
Political Responses
The office of Rep. Gabe Vasquez (D-N.M.) requested a briefing with DHS on the issue, and Sen. Martin Heinrich (D-N.M.) questioned the use of federal resources to seize cannabis.
Looking Ahead
The conflict between federal authorities and New Mexico’s legal cannabis industry underscores the complex interplay between state and federal laws in the era of marijuana legalization.
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