Lawsuit background and documents

In October 2024, eight New Mexico cannabis businesses filed a lawsuit against the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) in the U.S. District Court for the District of New Mexico.

Our plaintiffs allege that CBP overreached by seizing state-legal cannabis products and detaining industry workers at border checkpoints within the state, violating their Fifth Amendment rights against unlawful searches and seizures without due process.

The lawsuit stems from increased CBP seizures of cannabis products from state-licensed businesses, despite New Mexico’s legalization of marijuana. We argue that CBP’s actions disregard state law and congressional protections, such as a rider limiting federal interference with state marijuana programs. In a May 2025 filing, the businesses opposed CBP’s January motion to dismiss, calling the agency’s justification “a study in contradictions.” CBP maintains that federal prohibition of marijuana grants them authority to seize cannabis, asserting that state protections do not apply to their operations under DHS.

The case, Mesilla Valley Extracts v. Department of Homeland Security, remains ongoing. We are seeking to prevent dismissal and secure relief from CBP’s actions.