New Mexico
Customs and Border Protection Targeting Licensed New Mexico Weed Businesses | High Times
Federal officials in New Mexico are apparently targeting state-licensed marijuana companies at border checkpoints and seizing regulated cannabis products, according to media reports.
New Mexico legalized medical marijuana in 2019, followed by the legalization of adult-use cannabis in 2021. Regulated sales of recreational weed began in the state on April 1, 2022, just under a year after Governor Michelle Lujan Grisham signed the legalization bill into law.
Since then, New Mexico’s licensed cannabis businesses have seen little interference from federal authorities, much like other weed-legal states over the last several years. The situation has changed recently, however, with U.S. Customs and Border Protection agents seizing regulated cannabis products at least a dozen times over the last two weeks, according to Ben Lewinger, executive director of the New Mexico Chamber of Commerce. Although 12 such seizures have been reported, the actual number could be even higher.
“There still is a lot of stigma and a lot of fear so I imagine this is underreported,” Lewinger told KRQE 13 television news. “It’s hurting small businesses. It’s hurting all of us because of the loss of tax revenue.”
CBP officers are permitted to establish immigration checkpoints to help stem smuggling and human trafficking within 100 miles of the international border with Mexico. In states with legal weed, these checkpoints are generally navigated without incident by licensed cannabis companies moving products within the state. But recently that has changed, although seemingly only in New Mexico. Lewinger said he believes the state’s cannabis businesses are being targeted by federal officials in the state and called on the Biden administration to step in.
“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,” Lewinger said. “It’s just clearly outside of the scope of Customs and Border Patrol.”
Nick Spoor, operations manager at Top Crop Cannabis Co., told reporters that the company has regularly transported cannabis products through CBP checkpoints successfully.
“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 Spoor.
But that changed when CBP agents seized products from one of the company’s vehicles at a checkpoint on Valentine’s Day.
“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 Top Crop Cannabis Co. CEO Matt Chadwick. “So, I was shocked, a little blown away and taken back.”
Ethan Ramsey, an employee with Las Cruces cannabis producer Head Space Alchemy, was arrested by the CBP last week while attempting to go through an immigration checkpoint, according to a report from The Paper. The driver had been stopped at a checkpoint on Interstate 25, about 25 miles north of Las Cruces while delivering samples to a cannabis lab in Santa Fe.
Rob Duran, a managing partner of Head Space Alchemy, was following in another vehicle. The Paper obtained an audio recording of the interaction with CBP officials.
“We’ve been instructed to seize all cannabis—all illegal products,” the CBP officer can be heard saying. “It’s still federally illegal.”
When Duran asked how the company and CBP could reach a solution to the situation, he was told that he could talk to a supervisor or contact the regional office.
“I can’t tell you anything that they [haven’t] already told you,” the officer says on the recording. “Or I can’t go above what they’re telling you … Everything’s going to get seized.”
When Duran asks about Ramsey, he is told that the employee has been arrested.
“He’s under arrest,” the agent says. “That’s what happens when someone gets placed under arrest. You’re trying to get a definitive answer out of me. I don’t know where we’re at. We’ve just started this process. We’ve just started this case, so I can’t give you a definitive answer.”
Between last week’s seizure by CBP and an earlier one, Duran says the company has lost about $20,000 in product. More significantly, his workers now have a record with the federal government because of the interactions.
“In both cases, [employees] have had their pictures taken and been fingerprinted, and have also been told that their names are going to now be in a federal database as being caught at a federal inspection checkpoint with cannabis,” Duran says.
When contacted by local media, a CBP spokesperson denied allegations that officers in New Mexico are targeting licensed cannabis businesses.
“Although legal for medical and/or recreational use in many states, marijuana is classified as a Schedule I controlled substance under federal law,” the spokesperson said in a statement. “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.”
Chadwick of Top Crop Cannabis Co. said that his business can handle the loss from CBP interference. But he says that other companies could be irreparably harmed by the product seizures.
“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.”
New Mexico
New Mexico DOJ data: Shell-casing tracking links shootings in Doña Ana County
LAS CRUCES, N.M (KFOX14/CBS4) — A gun-tracking program that uses shell casings to connect shootings is already helping investigators link crimes in Doña Ana County, according to new numbers released by the New Mexico Department of Justice.
The effort is part of New Mexico’s Crime Gun Intelligence Center, which uses ballistic evidence such as shell casings to track guns believed to be used in multiple crimes. The program relies on the National Integrated Ballistic Information Network, or NIBIN, a national database that compares ballistic evidence to determine whether shell casings may have come from the same weapon.
In April, New Mexico Attorney General Raúl Torrez described how the technology can connect cases across jurisdictions.
“There may be a shooting that occurs in Deming that’s actually connected to a crime gun that’s recovered in Las Cruces. We may find shell casings in Silver City that are connected to something that happened in T or C,” Torrez said.
Four months into the program, the Department of Justice said 210 bullet casings have been analyzed in Doña Ana County. Those casings helped link 32 incidents to 13 guns.
Jordan Salas reports on New Mexico DOJ data: Shell-casing tracking links shootings in Doña Ana County (Credit: KFOX14)
Statewide, more than 700 casings have been entered into the system, connecting 74 shootings to 31 guns.
One person reacting to the numbers said, “That’s crazy. Honestly, all those shootings all coming from that little amount of weapons is crazy.”
New Mexico officials say the system is designed to help law enforcement share information faster and build cases more efficiently.
Also in April, Doña Ana County Sheriff Kim Stewart pointed to a local case she said the technology helped resolve quickly.
“We resolved a homicide with a suspect arrest in four days. We know that those casings may lead to another 1 or 2 incidents in another city,” Stewart said.
Some residents said the technology alone will not solve gun violence, but they see it as a step forward. One person said, “I mean, growing up, like hearing gunshots in the distance. That wasn’t something crazy. I have stories of, like, friends who’ve gone to parties that had guns go off there. So, yeah, I would say guns are a problem there.”
Another person said, “I would think that it’s a good thing. I’m personally like, just anything to help the gun crimes, you know?”
KFOX14/CBS4 contacted Las Cruces police and the Doña Ana County Sheriff’s Office to ask how the leads are being used in local investigations, but we are awaiting a response.
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New Mexico
New Mexico AG seeks $3.7B from Meta over alleged ‘public nuisance’ claims
- Who: New Mexico Attorney General Raul Torrez brought a lawsuit against Meta Platforms Inc.
- Why: The state claims Meta misrepresented harms to minors and created a public nuisance through its social media platforms.
- Where: The lawsuit is pending in New Mexico state court.
- How to get help: Has social media impacted the mental health of you or your child? You may qualify to join a social media lawsuit against the platform.
New Mexico’s attorney general is asking a state court to order Meta to pay approximately $3.7 billion to address what the state describes as a “public nuisance” caused by the company’s social media platforms.
The request comes after a jury previously found Meta misrepresented the risks its platforms — including Facebook, Instagram and WhatsApp — pose to underage users. The jury also imposed a $375 million penalty in the first phase of the trial.
The case has now moved into a second phase, where the court will determine what additional remedies, if any, Meta must provide.
According to the state, the proposed $3.712 billion abatement plan would fund a 15-year effort to address the alleged harms caused by Meta’s platforms. The plan includes funding for public education, school resources, law enforcement support and mental health services for children affected by issues, such as online bullying and sexual exploitation.
“This request recognizes the scope of the public nuisance that Meta has caused,” counsel for the state argued in court.
The lawsuit alleges Meta concealed or downplayed the extent of harmful activity on its platforms while publicly portraying them as safe for younger users.
Meta disputes liability, challenges proposed abatement plan
Meta denies the allegations and argues there is no legal basis for the sweeping relief requested by the state.
Attorneys for the company contend the proposed abatement plan does not directly address or stop the alleged harmful conduct and instead seeks compensation for downstream effects.
“What no court has ever allowed … is payment for the downstream effects,” Meta’s counsel argued, describing the request as “damages masquerading as something else.”
The court is expected to hear additional testimony during the second phase of the trial before determining whether to approve any form of injunctive relief or financial remedies.
In March, a California jury found Meta and Google liable for mental health harms suffered by plaintiff Kaley G.M., who became addicted to Instagram and YouTube as a child, awarding $6 million in damages, including $3 million in compensatory damages and $3 million in punitive damages.
What do you think about the claims against Meta in this case? Let us know in the comments.
The state is represented by Raul Torrez of the New Mexico Office of the Attorney General and Donald Migliori, Linda Singer, Michael Pendell and David Ackerman of Motley Rice LLC.
The Meta lawsuit is New Mexico v. Meta Platforms Inc., et al., Case No. D-101-CV-2023-02838, in the First Judicial District Court of New Mexico.
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New Mexico
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