1-20-2025 10:27pm

Border Patrol Urges Court to Dismiss Cannabis Business Lawsuit Over Seizures

Chris Edwards Editor

AlamogordoTownNews.org Border Patrol Urges Court to Dismiss Business Lawsuit Over Seizures

A Cannabis Industry Group consisting of 8 of New Mexico businesses had filed a lawsuit against U.S. Customs and Border Protection (CBP), alleging as reported by the Marijuana Monent that federal agents have been unconstitutionally seizing state-legal cannabis products, unlawfully detaining industry workers and, by doing so, empowering illicit operators.

The filing in U.S. District Court for the District of New Mexico claims that there is also a history of instances where cannabis workers were subject to at times “inhumane” conditions while in CBP custody, including one woman who was detained for hours without being charged and was allegedly forced to use the bathroom in view of agents and went without clean water during her detention.

The complaint, which was first reported by Law360 in October of 2024.

Customs and Border Protection (CBP) is urging a the New Mexico District Federal Court to dismiss the lawsuit from the 8 licensed New Mexico marijuana businesses.

The feds main argument is that, as long as marijuana remains federally prohibited, border agents are within their statutory right to disregard state law and seize the property and that the limited protections that states with marijuana program enjoy under a congressional rider and general Justice Department discretionary policies don’t apply to CBP, which falls under DHS jurisdiction and statutory provisions.

The 8 joint New Mexico Cannabis business owners who are plaintiffs are arguing that the CBP actions, without due process, violate protections against unlawful searches and seizures guaranteed under the Fifth Amendment of the US Constitution. But CBP is contesting the challenge and moving for dismissal over a “failure to state a claim upon which relief can be granted,” as well as a “lack of subject matter jurisdiction.”

Cannabis is currently a Schedule I controlled substance under federal law.

CBP has stressed via the filing that marijuana remains a Schedule I drug under the Controlled Substances Act (CSA). And while the agencies acknowledged that the Drug Enforcement Administration (DEA) is currently “considering rescheduling marijuana under the CSA,” it remains the case that “no reclassification has occurred to date.”

There was hope among the industry that during President Biden's term cannabis would be deregulated or rescheduled. The rescheduling process was recently delayed after a DEA judge granted an appeal in the administrative hearing process.

A ruling is expected soon as the case moves forward but is expected to be appealed by either party.