KRQE News 13 (Albuquerque, NM) reports that two years into New Mexico’s decision to legalize recreational marijuana, the fact remains that marijuana is still illegal under federal law. New Mexico cannabis businesses, such as Top Crop Cannabis Company, say that federal agents with the U.S. Customs and Border Patrol are seizing their product at New Mexico checkpoints.
Top Crop Cannabis Company Operations Manager Nick Spoor said that on Valentines Day (2/13/2024), while transporting 22 pounds of marijuana from Las Cruces to one of its Albuquerque stores, the U.S. Customs and Border Patrol detained him at a checkpoint for nearly three hours and seized all of their product – valued at $139,000.
The KRQE News 13 article may be read HERE.
The issue, as this writer has previously reported about, is that although New Mexico may have declared marijuana legal for medicinal and recreational use, and established regulatory programs, marijuana is illegal for such use under federal law, as it remains a Schedule I drug under the Controlled Substances Act (“CSA”), 21 USC 812(b)(1)-(5), Schedules of Controlled Substances.
In a previous FGGAM article, I discuss ongoing efforts to change the federal classification of marijuana from a Schedule I drug to a Schedule III drug under the CSA; however, even if marijuana becomes a Schedule III drug: 1) it will remain a controlled substance and all of the state-approved dispensing entities will need to adhere, minimally, to the federal guidelines as it does for other Schedule III drugs; and 2) there is nothing in the CSA allowing for the uncontrolled (recreational) use of marijuana.
For many years, the federal government has allowed states and local jurisdictions to “get the cart way out in front of the horse” by failing to enforce federal law regarding marijuana.
As a result, potentially changing its status to a Schedule III drug under the CSA to allow for the medicinal use of marijuana wouldn’t negate the hypocrisy and continued “looking the other way” when it comes to the recreational use of marijuana. In fact, it would almost certainly result in added requirements for marijuana manufacturing, distribution and use, as exists with current Schedule II-V drugs.
If the federal government wants to allow states to legally decide regarding the recreational use of marijuana, then it needs to de-schedule marijuana under the CSA. The CSA’s list of Schedule I-V substances may be reviewed HERE – which continues to list Tetrahydrocannabinols as a Schedule I drug.
Let’s pray for our federal and state officials to operate in wisdom as they manage and resolve this situation of their own creation. Too many are highly emotionally, physically, economically and politically invested in free-wheeling marijuana use.
Seek godly wisdom and trust in the Lord:
Proverbs 3:5-8 (NKJV)
“Trust in the Lord with all your heart, [a]nd lean not on your own understanding; [i]n all your ways acknowledge Him, [a]nd He shall direct your paths. Do not be wise in your own eyes; [f]ear the Lord and depart from evil. It will be health to your flesh, [a]nd strength to your bones.”
The following can be a tough scripture, but it is an undeniable fact that in the United States’ legal system, federal law supersedes state law, just as state law supersedes local law. New Mexico officials should have pushed for federal law to have been changed before engaging in state-level marijuana authorizations and regulation contrary to federal law:
Romans 13:1-3 (NKJV)
Submit to Government
“Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Therefore whoever resists the authority resists the ordinance of God, and those who resist will bring judgment on themselves. For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same.”
Praise Jesus forevermore!