New Mexico Marijuana Businesses Fight Back Against CBP Seizures in Court
A coalition of marijuana businesses from New Mexico is pressing a federal judge to reject U.S. Customs and Border Protection’s (CBP) motion to dismiss their lawsuit. The legal action, initiated in October 2022, challenges CBP’s alleged unlawful seizures of cannabis products and the detention of industry workers under federal prohibition laws, despite state-level legalization.
In recent filings, the plaintiffs argue that CBP’s justification for seizing marijuana—citing it as a Schedule I controlled substance—contradicts their selective enforcement practices. While CBP claims to enforce federal laws uniformly, it appears to disproportionately target New Mexico cannabis businesses, leaving those in states like California and Arizona unscathed. The lawsuit contends that this inconsistency violates the Fifth Amendment’s protections against unlawful searches and seizures.
Previously, CBP defended its position by arguing that state legalization does not affect its federal authority, especially since marijuana remains illegal on the federal level. However, the New Mexico businesses assert that the changing landscape over the past decade necessitates a more nuanced approach, demanding due process, particularly as many states have established legal cannabis markets.
The situation escalated following reports of increased CBP seizures at New Mexico border checkpoints, prompting responses from local officials, including Congress members who have sought legal remedies to restrict CBP’s enforcement actions.
Amid ongoing enforcement actions, New Mexico Gov. Michelle Lujan Grisham expressed frustration with CBP responses to industry concerns, noting that the agency’s seizure practices seem unjustified, particularly given that other states nearby face no similar scrutiny.
As the case progresses in the U.S. District Court, industry stakeholders are hopeful for a ruling that will uphold their rights and clarify the federal government’s relationship with state-legal cannabis businesses.
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