Lawsuit: Federal Seizure of State-Legal Cannabis Products in New Mexico Violates Fifth Amendment

A lawsuit filed on behalf of eight licensed New Mexico cannabis companies alleges that the U.S. Department of Homeland Security (DHS) and the U.S. Customs & Border Protection (CBP) unlawfully seized state legal cannabis products and cash, violating the companies’ Fifth Amendment rights.  

The lawsuit was filed by law firm Greenspoon Marder, which said in a statement that “The federal government is fully aware of the legitimacy and prevalence of state-legal cannabis, and these businesses are paying federal taxes like any other businesses.”   

“Yet, despite this recognition, federal agents are unjustly seizing property without any regard for due process. This isn’t a legal gray area – CBP’s newfound policy is a blatant and arbitrary violation of rights and is completely unacceptable in a system that claims to respect state sovereignty and the rule of law.” — Greenspoon Marder’s cannabis team in a statement 

Earlier this year CPB reportedly seized more than $300,000 worth of cannabis products from state-licensed operators in New Mexico during routine checkpoints in the state’s southern region. CPB contends that the seizures are legal under federal law because cannabis is a Schedule I drug under

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