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New Mexico officials talk about gaps in enforcement of cannabis laws

October 27, 2023 by Natalie Wadas

ALBUQUERQUE, N.M. (KRQE) – Police and regulators want more power over the state’s newer cannabis industry; they told state lawmakers Friday that while plenty of people are following the rules, the people who aren’t are hard to hold accountable.

New Mexico’s cannabis market is generating millions in taxes and private revenue. “We had our highest month I believe it was in August where we recorded over $44 million dollars in sales,” said Linda Trujillo, superintendent of New Mexico’s Regulation and Licensing Department (RLD).

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However, state officials worry regulatory gaps in the law that legalized the plant are continuing to cause problems. “There’s a lot less enforcement being done on the criminal side. In large part because there’s a lot less statutory authority to do things on the criminal side,” said Chief W. Troy Weisler of the New Mexico State Police.

At a legislative meeting Friday, state administrators asked lawmakers to clarify the Cannabis Regulation Act when it comes to who is allowed to seize and destroy illegal cannabis, and how.

“When we find a facility that has over 30,000 plants and we don’t have number one the authority to confiscate them, even if we did have the authority to confiscate them what would we do with it? Right? So there’s a lot of stuff we can talk about in regards to that,” Trujillo said.

State police say they’re continuing to find large amounts of cannabis traveling into or through the state on the highways—around 10,000 pounds since the beginning of 2022—but Chief Weisler says larger seizures of cannabis show a discrepancy in the law:

“For now, if I have my bag here and I have 8.1 ounces of marijuana in my bag, that’s the same penalty as if I have 4,000 pounds of marijuana in my tractor-trailer.”

As it stands, both would be a fourth-degree felony.

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“Before the cannabis regulation act was enacted distribution of marijuana was a more serious crime than possession of marijuana. Under the cannabis regulation act, it’s the reverse. Possession of more than 8 ounces is a fourth-degree felony, distribution in any quantity is a misdemeanor,” said James Grayson, chief deputy attorney general for the New Mexico Office of the Attorney General.

Criminal justice leaders said trafficking or distribution of cannabis should also be a felony; and asked that giving it to minors should be a specified crime. “I think we have even have less of a penalty for trafficking cannabis to juveniles that we do for providing alcohol to juveniles so I think we’re out of step on that,” Weisler said.

The RLD is also asking lawmakers to reconsider the process around immediate injunctions against businesses accused of breaking the rules. Regulators say sometimes they’re having to wait for weeks for a district court judge to weigh in.

ALBUQUERQUE N.M. – Police and regulators are seeking more control over the new cannabis industry in the state. They told lawmakers on Friday that many people follow the rules but those who don’t are difficult to hold accountable.

New Mexico’s marijuana market generates millions of dollars in private and public revenue. Linda Trujillo is the superintendent of New Mexico’s Regulation and Licensing Department. She said, “We recorded our highest month in August when we had over $44million dollars in sales.”

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State officials are concerned that regulatory gaps in the laws that legalized this plant continue to cause problems. There’s much less enforcement on the criminal side. “There’s a much smaller statutory authority on the criminal side,” said W. Troy Weisler, Chief of the New Mexico State Police.

In a Friday legislative meeting, state administrators requested that lawmakers clarify the Cannabis Regulation Act in regards to who and how they are allowed to seize or destroy illegal cannabis.

What would we do if we found a facility with over 30,000 plants, but we didn’t have the authority number one to confiscate it? Right? Trujillo added, “There’s lots of things we can discuss in relation to that.”

State police continue to find large quantities of cannabis on highways entering or passing through the state – around 10,000 pounds since 2022 began – but Chief Weisler claims that larger seizures of marijuana show a discrepancy between the law.

“For now, I’m going to be penalized the same as if my truck had 4,000 pounds worth of marijuana.”

Both would be considered a fourth degree felony.

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Before the Cannabis Regulation Act was passed, distribution of marijuana was considered a greater crime than possession. The cannabis regulation act reverses this. “Possessing more than eight ounces of cannabis is a fourth degree felony. Distribution in any amount is a misdemeanor,” James Grayson said, chief deputy attorney for the New Mexico Office Attorney General.

Leaders in criminal justice said that trafficking or distributing cannabis should also be considered a crime. They asked for it to be made a specific offense if it is given to minors. Weisler stated, “I believe we are out of touch on this issue because we penalize juveniles for trafficking cannabis even less than we penalize them for providing alcohol.”

RLD also asks lawmakers to reconsider the procedure for immediate injunctions if businesses are accused of violating the rules. Regulators claim that they have to wait weeks to hear from a district judge.

Natalie Wadas
Author: Natalie Wadas

About Natalie Wadas

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