New Mexico’s New Plan to Police Pot: More Red Tape or Real Change?


The New Mexico Cannabis Control Division (CCD) is looking to step up its game. Lawmakers are talking about giving the CCD “police powers,” aiming to tackle the black market that’s been thriving despite legalization. Senator Moe Maestas is pitching a bill to create a law enforcement wing within the division itself, handing CCD officers the power to seize illegal cannabis and make arrests. On paper, it sounds like a plan to finally curb the illegal trade. But here’s the reality: there’s plenty of skepticism in the air, and for good reason.

The CCD is all bark, no bite when it comes to enforcement. Right now, the division can issue fines, revoke licenses, or report criminal activity to local law enforcement, but when it comes to kicking down doors or hauling anyone in for questioning, they’re on the sidelines. Maestas’ proposal would change that, making CCD officers certified law enforcement agents with the authority to act. “We need a special law enforcement arm in New Mexico to eliminate the underground market,” he said. But will this really deliver, or is it just another bureaucratic Band-Aid?

Local law enforcement is supposed to be handling the black market, but according to Maestas, they’re stretched thin and often focused elsewhere. And while that might be true, some legislators are questioning the real need for turning a regulatory agency into a policing force. Why not just boost funding for existing cops? Why create another layer of enforcement when the state can barely handle the agencies it’s got?

For many in New Mexico’s legal cannabis industry, the stakes are high. Stores and growers that play by the rules are being undercut by unlicensed sellers pushing untested, out-of-state weed. And that black market is hardly hiding in the shadows—it’s operating openly, right under the CCD’s nose. This proposal is a response to pressure from retailers who’ve had enough of watching their profits siphoned away by shady operations that face zero accountability.

Yet, not everyone’s on board. Senator Antoinette Sedillo Lopez questioned why the CCD needs these powers when better funding for law enforcement might accomplish the same thing. Even some industry insiders are doubtful. Duke Rodriguez, CEO of Ultra Health, doesn’t see this proposed “police force” making a difference anytime soon. “Any benefit that might be derived probably won’t be seen till 2026, and the problem exists today,” he pointed out. Rodriguez also argued that the state needs to push law enforcement to actually enforce the existing laws rather than reinvent the wheel. If it takes two to three years to see results, will there be any small operators left standing?

Governor Michelle Lujan Grisham, who signed off on recreational legalization in 2021, has already given the CCD expanded authority to keep an eye on the industry. But turning the division into a pseudo-police force? That’s a new frontier—and one that could either crack down on illegal operators or tie the agency up in more red tape.

Some wonder if this proposal is really about enforcement—or if it’s a PR move to show the state is “doing something.” As Chad Lozano, a longtime advocate, puts it, enforcement often comes down to punishing “low-hanging fruit”—the small shops and growers trying to comply—while illegal operators run free. The ones who take the hit are those playing by the rules, while the ones blatantly breaking them keep raking in cash with no consequence.

Here’s the kicker: giving the CCD “police power” might sound like a win, but without real commitment from every player—the legislature, law enforcement, and the CCD itself—it could just be smoke and mirrors. Maestas says it’ll cut out the delays and put people who know cannabis laws inside and out in charge of enforcement. Yet, if local cops aren’t showing up to bust illegal grows now, what’s to say a CCD officer with a badge will have more luck?

New Mexico’s legal weed market has raked in $1.3 billion since sales started, but the black market is still eating up profits and pushing out smaller, compliant businesses. As usual, the ones playing by the rules are stuck watching the outlaws win. This new proposal might be a step forward—or it might be just another hurdle in a state that’s still figuring out how to navigate its own cannabis maze.

For now, New Mexico’s legal players are left waiting to see if Maestas’ plan will bring real change or just more lip service to an industry that’s heard it all before.


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