State police in New Mexico have conducted a large-scale operation to destroy tens of thousands of pounds of marijuana plants at greenhouses in northwestern New Mexico. This marks the largest seizure and destruction of cannabis in the state since new possession and cultivation laws took effect in 2021. The operation, which involved dozens of agents, was aimed at eradicating the plants in October. The state Cannabis Control Division had initiated the process of revoking the license of NNK Equity LLC due to several violations related to water rights, licensing, surveillance, and sanitation.
Attorney Jacob Candelaria, who represents NNK Equity, disputed the state’s claims and accused regulators and state police of violating his client’s civil rights. He argued that the state failed to properly serve notice of its intent to revoke the company’s license and denied a request for a hearing on the merits of the case. Candelaria also mentioned that his clients, Irving Lin and Bao Xue, who speak Mandarin Chinese, had requested a translation of the notices but did not receive a response from regulators. The company plans to challenge the order revoking its license in court and seek damages for the destruction of its property.
The Cannabis Control Division defended its actions, stating that it had followed proper notice and hearing procedures and had given the company its due process rights. The division intends to have a state district judge review the case and set aside the order revoking the license so that a hearing can be held. NNK Equity was initially issued a license in December 2023 for a marijuana growing operation in Waterflow, a rural area near the Navajo Nation. This region had seen previous crackdowns on cannabis operations, leading to charges against tribal members. Violations found by regulators included exceeding plant counts, operating at an unlicensed location, and failing to comply with transportation and tracking requirements.
The attorney representing NNK Equity criticized the destruction of the plants based on a temporary restraining order, which he argued was issued without proper notice and before a hearing on the evidence. He raised concerns about the constitutionality of such actions by law enforcement. The company plans to seek redress through legal action against the state for the loss of what they claim was hundreds of thousands of dollars in private property. The case has drawn attention to the challenges faced by cannabis businesses in navigating regulatory requirements and enforcement actions in New Mexico following the legalization of marijuana for recreational use. The ongoing dispute between NNK Equity and state regulators highlights the complexities of compliance in this evolving industry.
