New Mexico cannabis industry may soon experience major shift in policy enforcement
Nov 16, 2024
ALBUQUERQUE, N.M. (KRQE) – The New Mexico cannabis industry could soon experience a major shift in how the state enforces cannabis laws. It comes as lawmakers discussed a bill expected to be introduced to the legislature this upcoming session.
"There is a thriving underground market of cannabis sales here in New Mexico," said New Mexico Senator Katy Duhigg.
It's that underground market that lawmakers are trying to disrupt.
"A lot of the tools that we are trying to give Regulation & Licensing to appropriately regulate cannabis, it's really hard for them to actually use those tools if they do not have the authority to hold things in place," Sen. Duhigg explained.
A bill expected to be introduced to legislators could create a "Compliance Bureau" team for the New Mexico Regulation and Licensing Department (NMRLD). If approved, members of that team would be certified law enforcement called "compliance inspectors" with the authority to conduct lawful warrantless searches and seizures of illegal cannabis products and arrest anyone unlawfully trafficking cannabis.
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"Something that would cost $5 from a legitimate shop can cost pennies from one of these other folks because they're getting it so cheap," Sen. Duhigg said.
According to the proposed bill, "compliance inspectors" would be responsible for identifying, marking, and explaining why a product is illegal during inspections. Violations could include having more cannabis plants than allowed, possessing unregulated products from other states, or misbranded items. Licensees could face a fourth-degree felony if any items marked by inspectors are removed, hidden, or destroyed. Lawmakers argue it's these illegal operations that make it difficult for local shops to follow the law.
"That really puts everyone who is following the law and following the rules at a severe competitive disadvantage," Sen. Duhigg said.
Businesses would have 10 business days to request a hearing following the seizure of any products. A district court would then decide if the product is lawful to sell. If it's not, the Cannabis Control Division (CCD) would have the power to destroy the items at the owner's expense.
"This approach of giving CCD these police powers, is a way to make sure we are appropriately enforcing our laws around cannabis without taking our other law enforcement away from the really important work they are doing," added Sen. Duhigg.
If approved, $325,000 from the state's general fund would be used to create the team.