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MARIJUANA MOMENT
NEW MEXICO GOVERNOR PRESSES BIDEN OFFICIAL ABOUT SPIKE IN FEDERAL MARIJUANA
SEIZURES FROM LICENSED BUSINESSES
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POLITICS
NEW MEXICO GOVERNOR PRESSES BIDEN OFFICIAL ABOUT SPIKE IN FEDERAL MARIJUANA
SEIZURES FROM LICENSED BUSINESSES
Published
5 seconds ago
on
April 19, 2024
By
Kyle Jaeger
The governor of New Mexico spoke with the head of the U.S. Department of
Homeland Security (DHS) this week and expressed concern about a recent surge of
Border Patrol seizures of marijuana from state-licensed businesses, Marijuana
Moment has learned exclusively. But the top Biden official simply reiterated
that federal cannabis laws haven’t changed, indicating that the seizures will
continue.
The office of Gov. Michelle Lujan Grisham (D) shared details about the
conversation with Marijuana Moment, adding that her administration is “working
on a strategy to protect New Mexico’s cannabis industry” from adverse federal
enforcement actions.
The governor spoke with DHS Secretary Alejandro Mayorkas on Wednesday and
“expressed her concern about the federal seizure of cannabis from licensed
distributors in New Mexico,” Michael Coleman, the governor’s communications
director, said.
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'significantly' linked to lower cognitive decline - which is notable as
cognitive decline is linked to dementia later in life. Recreational cannabis use
was significantly associated with 96% decreased odds of cognitive decline
compared to non-users. A possible reason for this is that people often use
marijuana to cope with sleep issues - poor sleep quality is a huge factor in
developing dementia.
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“During the conversation, the governor noted that industry operators in border
states where cannabis is legal appear to be at greater risk of scrutiny and
arrest by U.S. Customs and Border Patrol agents than those in non-border states
that have legalized cannabis,” he said.
“Secretary Mayorkas assured the governor that federal policies with respect to
legalized cannabis have not changed,” he said. “Regardless, the governor and her
administration are working on a strategy to protect New Mexico’s cannabis
industry.”
The conversation happened in response to recent reporting, including that of
Marijuana Moment, about U.S. Customs and Border Protection (CBP) seizing
hundreds of thousands of dollars worth of marijuana from state-licensed cannabis
businesses in New Mexico in recent weeks—detaining industry workers in what
appears to be a localized escalation of national prohibition enforcement even as
the federal government has largely refrained from interfering with the
implementation of state legalization laws in recent years.
Marijuana Moment reached out to DHS and CBP for comment on the secretary’s
conversation with the governor, but representatives did not respond by the time
of publication.
New Mexico marijuana businesses report that the more than dozen CBP seizures,
particularly at interior checkpoints around the Las Cruces area, are a
relatively new phenomenon. Since adult-use marijuana sales launched in the state
in 2022, the operators say they’ve generally been able to transport their
products to testing facilities and retailers without incident.
Starting around two months ago, however, the agency has evidently taken a more
proactive approach to enforcing federal prohibition, taking hundreds of pounds
of cannabis at the checkpoints inside the state. CBP is able to carry out its
activities within 100 miles of the U.S. border.
“Although medical and recreational marijuana may be legal in some U.S. States
and Canada, the sale, possession, production and distribution of marijuana or
the facilitation of the aforementioned remain illegal under U.S. federal law,
given the classification of marijuana as a Schedule I controlled substance,” a
CBP spokesperson told Marijuana Moment last week. ”Consequently, individuals
violating the Controlled Substances Act encountered while crossing the border,
arriving at a U.S. port of entry, or at a Border Patrol checkpoint may be deemed
inadmissible and/or subject to, seizure, fines, and/or arrest.”
CBP “wants to remind the public that while traveling through any U.S. Border
Patrol checkpoint, to include New Mexico, being in possession of marijuana is
illegal under federal law,” they said.
It’s unclear how widespread the cannabis industry seizure trend is, but
stakeholders say they haven’t heard similar stories out of states like Arizona
and California, which also have regulated marijuana businesses operating near
the U.S.-Mexico border.
For now, there’s no clear solution to the New Mexico cannabis industry’s CBP
problem—or clear answers about why it’s happening two years after the state’s
adult-use market first opened. In the meantime, businesses have been reaching
out to members of New Mexico’s congressional delegation for support.
“Federal law does supersede state law. Unfortunately, as regulators, we don’t
have much authority over this… Again we are just trying to collect enough data
to make sure we get accurate facts to the governor and her team to make the best
decision possible,” New Mexico Cannabis Control Division (CCD) Director Todd
Stevens told KRQE.
“This is a concern for the Division and the cannabis industry in New Mexico,”
Andrea Brown, spokesperson for the CCD, told CRB Monitor. “We are working to
collect as much information as we can related to this issue and hope to work
with authorities at the federal level towards a proper resolution.”
CBP’s actions against state-legal marijuana business is getting pushback in
Congress as well.
“The Biden-Harris Administration is not doing enough to protect states who are
not waiting for the federal government to catch up,” Rep. Earl Blumenauer
(D-OR), founding co-chair of the Congressional Cannabis Caucus, told Marijuana
Moment last week.
“These seizures underscore the confusion and harm caused by the growing gap
between the federal government and state-legal operations,” the congressman
said. “Absent descheduling, President Biden urgently needs to issue guidance to
prevent this type of infringement from happening again.”
> Ahead Of 4/20 White House Says Biden Has Been ‘Very Clear’ In Supporting
> Marijuana Decriminalization, But Admin Is Awaiting DOJ Rescheduling Action
Photo courtesy of Chris Wallis // Side Pocket Images.
Marijuana Moment is made possible with support from readers. If you rely on our
cannabis advocacy journalism to stay informed, please consider a monthly Patreon
pledge.
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Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
also appeared in High Times, VICE and attn.
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