A federal judge dismissed a lawsuit by New Mexico marijuana businesses against U.S. Customs and Border Protection over the seizure of state-legal cannabis, ruling that marijuana is "contraband per se" under federal law, which means the businesses lacked a cognizable property interest and were not entitled to due process protections. The court sided with CBP's authority to enforce federal prohibition, a policy that intensified in 2024 and drew legislative pushback and criticism from New Mexico's governor.

Federal Judge Sides With CBP as New Mexico Weed Seizures Continue Despite State Laws

Feb 11, 2026

Source:

Kyle Jaeger

Marijuana Moment

In a major buzzkill for the New Mexico cannabis scene, a federal judge recently dismissed a lawsuit filed by local businesses against U.S. Customs and Border Protection. These companies were fighting back after CBP started seizing state-legal products and detaining employees at interior checkpoints. The court's logic? Since weed is still federally illegal, it's considered "contraband per se." This essentially means you don't have a protected property interest in your stash when the feds are involved, leaving you with zero due process rights if they decide to take it.

This ruling is a massive wake-up call for the entire community. It proves that even if you’re following state laws to the letter, federal agents—especially within that 100-mile "border zone"—can still treat legal products like illicit street drugs. For everyday enthusiasts and entrepreneurs, it’s a harsh reminder of the legal tightrope we’re walking. Until we get real federal reform, your state-legal haul isn't as safe from the feds as you might think.

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