Eight licensed New Mexico marijuana companies who sued U.S. Customs and Border Protection after agents seized more than $1 million worth of legal cannabis had their lawsuit dismissed by a federal judge on Monday.
Because cannabis remains an illegal Schedule 1 controlled substance under federal law, federal authorities such as Border Patrol agents can lawfully seize even state-legal marijuana at interior checkpoints, Chief Judge Kenneth Gonzales of the District of New Mexico ruled.
The situation began in February 2024 under the Biden administration when New Mexico cannabis companies, shipping product within the state but within 100 miles of the U.S.-Mexico border, began losing product and cash during CBP stops.
No arrests were made, according to court records.