The U.S. Border Patrol has been seizing cannabis shipments, including commercial, state-authorized supplies, in southern New Mexico, prompting complaints from licensed cannabis providers who say over $300,000 worth of marijuana has been confiscated in recent months. Governor Michelle Lujan Grisham recently had a discussion with U.S. Homeland Security Secretary Alejandro Mayorkas regarding these disruptions. They voiced concerns that the scrutiny of cannabis companies in New Mexico appears to be greater than in other states with regulated markets not along the U.S. border with Mexico. Authorized cannabis sales in New Mexico have exceeded $1 billion since regulation and taxation of the recreational market began two years ago.
Cannabis transport drivers claim they have been detained for hours while supplies are seized at permanent Border Patrol checkpoints that filter inbound traffic for unauthorized migrants and illegal narcotics. Managers at 10 cannabis businesses, including transporters, have petitioned New Mexico’s congressional delegation to broker free passage of shipments to protect jobs and investments that are at stake. U.S. Sen. Martin Heinrich has argued that the Department of Homeland Security should focus on urgent priorities that do not include seizing cannabis supplies that comply with state law. The Department of Homeland Security should prioritize stopping the flow of illicit fentanyl into the country, according to Heinrich.
The U.S. Border Patrol sector overseeing New Mexico issued a public statement reminding the public that cannabis is still considered a “Schedule 1” drug, which is also the designation for heroin and LSD. The sale, possession, production, and distribution of marijuana is illegal under U.S. federal law, despite being legal in some U.S. states and Canada. Individuals violating the Controlled Substances Act while crossing the border, arriving at a U.S. port of entry, or at a Border Patrol checkpoint may be deemed inadmissible and subject to seizure, fines, and arrest. Cannabis businesses in southernmost New Mexico are facing uncertainty about shipments that include samples for consumer-safety testing, as testing labs are located further north, past Border Patrol checkpoints, where they comply with safeguards against contaminants like mold or pesticides.
Securing free passage of cannabis shipments is essential for New Mexico’s cannabis industry to continue to thrive, as legal cannabis sales have exceeded $1 billion in the state since the regulation and taxation of the recreational market began two years ago. Gov. Lujan Grisham and U.S. Sen. Heinrich have both expressed concerns about the Border Patrol’s seizure of cannabis shipments, with Heinrich emphasizing the need for the Department of Homeland Security to focus on more urgent priorities like stopping the flow of illicit fentanyl into the country, rather than targeting cannabis suppliers that comply with state law. Cannabis businesses are calling for operators who have had product federally seized to either have their product returned or be monetarily compensated for their losses.
The U.S. Border Patrol’s recent seizures of cannabis shipments in southern New Mexico have caused confusion and uncertainty among cannabis producers and transporters, who rely on testing labs located north of Border Patrol checkpoints to ensure consumer safety. Seizures by Border Patrol started in February without warning, leaving businesses like High Maintenance in Socorro feeling perplexed and unsure of where this directive came from. Cannabis producers in southern New Mexico face challenges in navigating the regulations and restrictions surrounding the transportation of cannabis across state lines, especially when faced with unexpected seizures and disruptions by federal authorities.
