NEW MEXICO (KRQE) – Two years into legal, recreational cannabis being legal in New Mexico, one major problem persists: pot is still illegal under federal law. New Mexico cannabis businesses say federal agents are seizing their product at checkpoints.
Valentine’s Day quickly turned to heartache for Top Cannabis Co. “Normally they don’t have dogs, usually it’s just a, ‘are you a U.S. citizen, yes’ and then they wave you through,” said Nick Spoor, Operations Manager at Top Crop Cannabis Co.
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When taking 22 pounds of cannabis from its Las Cruces site to one of its Albuquerque stores, the company said U.S. Customs and Border Patrol detained Spoor for nearly three hours and seized all of their product.
“We’ve been going through that checkpoint for over a year, no questions asked, so obviously we’re doing everything compliantly. It was manifested product,” said Matt Chadwick, CEO of Top Crop Cannabis Co. “So, I was shocked, a little blown away and taken back.”
Top Crop Cannabis Co. said the feds told them they would get a letter explaining how to get their product back, but they claim the letter never came. It ended up being $139,000 worth of product gone.
While Chadwick said his business can survive the loss, others can’t. “People’s lives are at stake here. Businesses are at stake here. And it can affect some people with, like I said, very dire circumstances and they could lose everything they’ve had,” said Chadwick. “They’ve put their hearts and souls into their businesses and it’s not fair.”
It’s a growing problem for growers, according to the New Mexico Cannabis Chamber of Commerce. It said in the last two weeks, they’ve seen federal agents stop 12 legal and licensed New Mexico cannabis businesses and seize more than $300,000 worth of product.
“There still is a lot of stigma and a lot of fear so I imagine this is underreported,” said Ben Lewinger, Executive Director, The New Mexico Chamber of Commerce. “It’s hurting small businesses. It’s hurting all of us because of the loss of tax revenue.”
He believes the seizures are targeted. “Our brothers and sisters in California and Arizona, which also share a border with Mexico, they’re not seeing this kind of same increased activity. It seems like this is a situation that is particular to New Mexico and I think what needs to happen is The White House needs to direct the Department of Homeland Security to stop wasting resources on a product that poses no threat,” he said. “It’s just clearly outside of the scope of Customs and Border Patrol.”
But a spokesperson with the federal agency disputes that in an emailed statement:
Although legal for medical and/or recreational use in many states, marijuana is classified as a Schedule I controlled substance under federal law. Therefore, U.S. Border Patrol agents will continue to take appropriate enforcement action against those who are encountered in possession of marijuana anywhere in the United States.
U.S. Customs and Border Patrol
“The promise of the cannabis industry in New Mexico was to bring everybody along, to create pathways for homegrown businesses to launch and flourish and this is a slap in the face to all the hard work our state has done to legalize cannabis the right way,” said Lewinger.
In the meantime, he said he is working with the state’s congressional leaders to find a solution.
This issue has been raised with the Congressman and his office is looking into it. Congressman Vasquez believes that the federal government should respect New Mexico law. Congressman Vasquez is also a co-sponsor of the SAFE Banking Act, which would support the legal cannabis businesses throughout our state.
Congressman Gabe Vasquez’s Office (D-NM)
Stopping the flow of illicit fentanyl into our country should be the Department of Homeland Security’s focus at these checkpoints, not seizing cannabis that’s being transported in compliance with state law. New Mexicans are depending on federal law enforcement to do everything they can to keep our communities safe. Our resources should be used to maximize residents’ safety, not distract from it.
Sen. Martin Heinrich (D-NM)
“It’s one of those weird things where you have something that is legal in a growing number of states, in a majority of states, but it’s not legal at the federal level, and these are growing pains but frankly we have outgrown these growing pains at this point,” said Lewinger.
