Lawsuit Against The Feds Could Set Precedent On State Rights: New Mexico Marijuana Firms Move To Stop Seizures

Eight licensed marijuana companies in New Mexico have filed a federal lawsuit against the U.S. Department of Homeland Security and U.S. Customs and Border Protection, alleging constitutional rights violations through property seizures at interior checkpoints. 

According to court documents, Border Patrol agents seized more than $1 million worth of state-licensed cannabis products, cash and other assets from these companies.

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Alleged Due Process Violations

The companies claim that federal authorities are infringing on their due process rights and demand the return of seized property or equivalent compensation. The suit further requests a jury trial to resolve the issue, asserting that federal agents acted unlawfully by confiscating state-regulated marijuana products and vehicles belonging to cannabis companies and their employees.

Federal Inspections Targeting Cannabis Shipments

The suit alleges that Homeland Security is operating inspection checkpoints along New Mexico's interstate highways, where agents reportedly search vehicles for contraband. 

Although cannabis is regulated within New Mexico, federal agents have seized these shipments, claiming the products are illegal under federal law.

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Impact On New Mexico's Cannabis Industry

These incidents have drawn attention from state leaders, including Governor Michelle Grisham Lujan, who previously criticized Homeland Security's actions. The lawsuit argues that continued federal seizures are disrupting New Mexico's cannabis regulatory framework, risking the viability of the state's licensed cannabis businesses. 

According to MJBizDaily, which first reported on these incidents earlier this year, federal agents have allegedly placed detained cannabis employees on an "International Drug Traffickers List" without issuing charges or documentation, further escalating tensions between state and federal authorities.

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