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Regulated NM Cannabis is Being Seized by Boarder Patrol

FILE - Traffic crosses from Mexico into the United States at a border station in Santa Teresa, N.M., in this photo made in March 14, 2012. The U.S. Border Patrol is asserting its right to seize cannabis shipments — including state-authorized commercial supplies — amid complaints of licensed cannabis providers that more than $300,000 worth of marijuana has been confiscated in recent months at Border Patrol highway checkpoints in southern New Mexico. (AP Photo/Jeri Clausing, File)
Jeri Clausing/AP
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AP
FILE - Traffic crosses from Mexico into the United States at a border station in Santa Teresa, N.M., in this photo made in March 14, 2012. The U.S. Border Patrol is asserting its right to seize cannabis shipments — including state-authorized commercial supplies — amid complaints of licensed cannabis providers that more than $300,000 worth of marijuana has been confiscated in recent months at Border Patrol highway checkpoints in southern New Mexico. (AP Photo/Jeri Clausing, File)

By Morgan Lee
Adapted for radio by S. Baxter Clinton

SANTA FE, N.M. (AP) — The U.S. Border Patrol is asserting its authority to seize cannabis shipments — including commercial, state-authorized supplies — as licensed cannabis providers file complaints that more than $300,000 worth of marijuana has been confiscated in recent months at highway checkpoints in southern New Mexico.

New Mexico's Democratic governor says the disruptions prompted a discussion this week with U.S. Homeland Security Secretary Alejandro Mayorkas, whose impeachment charges were dismissed this week. Gov. Michelle Lujan Grisham says she voiced concerns that the scrutiny of cannabis companies appears to be greater in New Mexico than states with regulated markets that aren't along the U.S. border with Mexico.

Authorized cannabis sales in New Mexico have exceeded $1 billion since regulation and taxation of the recreational market began two years ago. Yet cannabis transport drivers say they have been detained for hours while supplies are seized at permanent Border Patrol checkpoints that filter inbound traffic for unauthorized migrants and illegal narcotics, typically located about 60 miles (100 kilometers) from the U.S. border.

Gov. Lujan Grisham’s spokesperson Michael Coleman said in an email, “Secretary Mayorkas assured the governor that federal policies with respect to legalized cannabis have not changed. Regardless, the governor and her administration are working on a strategy to protect New Mexico’s cannabis industry.”

Managers at 10 cannabis businesses including transporters last week petitioned New Mexico's congressional delegation to broker free passage of shipments, noting that jobs and investments are at stake, and that several couriers have been sidelined for “secondary inspection” and fingerprinted at Border Patrol checkpoints.

The letter states, “We request that operators who have had product federally seized should be allowed to either get their product returned or be monetarily compensated for the losses they've sustained."

U.S. Sen. Martin Heinrich said the Department of Homeland Security should be focused on urgent priorities that don't include cannabis suppliers that comply with state law.

In a statement, referring to the parent agency for U.S. Customs and Border Patrol the Senator said, “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.”

Shantar Baxter Clinton is the hourly News Reporter for KSFR. He’s earned an Associates of the Arts from Bard College at Simons Rock and a Bachelors in journalism with a minor in anthropology from the University of Maine.