2 weeks Ago
State police destroyed tens of thousands of pounds of marijuana plants at greenhouses in northwestern New Mexico, marking what regulators say is the largest seizure and destruction of cannabis in New Mexico since new possession and cultivation laws took effect in 2021. Authorities announced the operation Monday, saying dozens of agents were assigned to eradicate the plants in October, reports the . The state Cannabis Control Division had started the process of revoking the license of NNK Equity LLC, having filed a noncompliance order and a default order earlier this year.
The company was accused of not posting its licenses on site, failing to obtain water rights for cultivation, not having cameras that could monitor certain areas of its operation, and violating sanitation and health requirements. "The organization involved showed a blatant disregard for the laws of this state and we will prove that," New Mexico State Police Chief Troy Weisler said. Jacob Candelaria, an Albuquerque attorney who represents NNK Equity, disputed the state's claims and accused regulators and state police of violating his client's civil rights.
He said the state failed to properly serve notice of its intent to revoke the company's license and subsequently denied a request for a hearing on the merits of the case. He said clients Irving Lin and Bao Xue speak Mandarin Chinese and have limited ability to understand written English. Lin asked for a Chinese translation, but Candelaria said regulators did not respond to his request.
The Cannabis Control Division said in filings that it complied with notice and hearing requirements and had afforded the company its due process rights. NNK Equity plans to ask a state district judge to set aside the order revoking the license and to order state regulators to hold a hearing, Candelaria said. He added that NNK Equity also plans to sue the state for destroying what he said amounted to hundreds of thousands of dollars of private property.
"The idea that law enforcement officers can destroy public property based upon a temporary restraining order—which can be entered without notice to all parties and before a hearing on the evidence—which was the case here, should concern all of us who believe in the Constitution." (More stories.).
