Nov. 13 – New Mexico lawmakers on Wednesday discussed the prospect of giving “police power” to the state Division of Cannabis Control, which licenses the state’s legal industry, to step up enforcement against the still-thriving illicit market.
The proposal comes amid concerns from many retailers and growers who have raised alarm about black market products and a large number of government-licensed pharmacies.
“It’s a big problem. The underground market is widespread in New Mexico,” said Sen. Moe Maestas, D-Albuquerque, during a meeting of the interim Courts, Corrections and Justice Committee.
Maestas said lawmakers plan to introduce a bill during the upcoming legislative session that would create a “law enforcement arm” within the state Regulation and Licensing Department’s Cannabis Oversight Agency. Under such legislation, the agency would have its own law enforcement officers with the authority to seize illegal marijuana and make arrests.
“We need a dedicated law enforcement division in New Mexico to eliminate the underground market,” Maestas said.
Currently, the Cannabis Control Division does not have any authority to conduct criminal investigations or bring criminal charges, but it does have administrative enforcement powers regarding licensing.
Law enforcement agencies are responsible for bringing criminal charges.
“Everyone is doing their best, so I don’t necessarily want to comment on it. But for whatever reason, local law enforcement is not dedicating the time and resources necessary to address the underground market as it relates to these illegal growers. and illegal sellers,” Maestas said.
“When the Division identifies situations where it appears that criminal activity has occurred or is in progress, it notifies the Department of Public Safety and local law enforcement agencies in the jurisdiction where the activity occurred,” said Andrea Brown, a spokesperson for the state ordinance. and Licensing Department, wrote in an email.
“If the Cannabis Control Division is authorized to employ certified law enforcement officers to enforce criminal laws, those officers can conduct criminal investigations, obtain search warrants, seize evidence of criminal acts, make arrests and cooperate with prosecutors to ensure that criminal offenders who violate New Mexico’s cannabis laws are prosecuted and brought to justice,” Brown wrote.
But some committee members raised concerns Wednesday about government efficiency, suggesting the Legislature could better equip state and local police to tackle New Mexico’s marijuana black market.
“Why not just provide more money to law enforcement or create a statute for something law enforcement could do?” said Sen. Antoinette Sedillo Lopez, D-Albuquerque, who said she wanted more clarification on the problem and how such a proposal would help solve it.
“What is the specific need for police power to be given to this agency that cannot be addressed with what we have now?” she asked.
The proposal was expected to be presented by Sen. Katy Duhigg, D-Albuquerque, but Maestas intervened because Duhigg could not attend the committee meeting.
Duke Rodriguez, president and CEO of New Mexico Top Organics-Ultra Health — the state’s largest cannabis company — listened to Wednesday’s meeting and said he didn’t think the committee at large was necessarily receptive to the idea.
“I don’t think we will benefit from this proposal in the short term, and any benefit that could come from it probably won’t be seen until 2026, and the problem still exists today,” Rodriguez said. “I don’t think we have the luxury of waiting two and a half, three years.”
He added: “Reducing the illicit market simply requires the will to do so, not just from the legislature, not just from the executive, but from all parties who say to law enforcement, ‘It’s a task you must complete.” …
“Give [law enforcement] the resources to make this happen,” he said. ‘You don’t have to create a new police position within a government agency.’
Gov. Michelle Lujan Grisham signed legislation legalizing recreational marijuana use in 2021, and sales began the following year. According to the state’s Cannabis Reporting Online Portal, combined sales of recreational and medical marijuana through the legal market are approximately $1.3 billion, including $92 million in Santa Fe.
In March, Lujan Grisham signed a bill that makes several major changes to the Cannabis Regulation Act, including giving more enforcement power to the Cannabis Control Division.
Maestas argued that police powers would create a more efficient system for the agency to tackle illegal production and sales. Although the division must now call law enforcement if it learns of an illegal operation, he said that under the proposed plan the agency “would essentially be the police officers” and “could seize the plants or labeling,” even though she knew “the cannabis laws inside and out.”
“There wouldn’t be this delay,” Maestas said, noting that local and state law enforcement are often busy with other matters.
Rep. Alan Martinez, R-Rio Rancho, asked whether the bill would create a separate law enforcement agency.
“It would be an office of law enforcement officers. I don’t know if I would call it an agency,” Maestas said, adding that the officers would have to go through the law enforcement academy and have arrest powers.
