So on the advice of Bernie Digman I double checked with the El Paso Border Patrol about their enforcement of marijuana laws at checkpoints in regards to new Federal policy. They replied that they still detain people. Therefore, I am going to do this more formally, and have sent the below letter to Sen Heinrichs office and ccd the El Paso Border Patrol... Trust me, I will get to the bottom of this. Bill McCamley New Mexico State Representative D- Doña Ana, District 33 PO Box 458 Mesilla Park, NM 88047 Gabriel Vazquez Field Representative Office of Sen Martin Heinrich 505 S Main St., Suite 148 Las Cruces, NM 88001 Mr Vazquez, On March 17th, I sent a letter to your office requesting clarification of Federal policy regarding enforcement of law at Border Patrol checkpoints regarding legal medical marijuana users and distributors in the state of New Mexico. This is in response to a Justice Department memorandum issued on August 29th, 2013 by Deputy Attorney General James Cole relaxing enforcement of Federal law regarding marijuana in states that have legalized it for recreational use. On March 24th, you sent the following message to me, “According to CBP, if a New Mexico resident is a valid card holder with an up-to-date prescription for medical marijuana, they are free to move it about the state and through CBP checkpoints without fear of being cited/arrested/harassed/apprehended. The individual does not have to declare that he/she has medical marijuana on their person at the time of crossing a CBP checkpoint, however, if an office or dog detects the marijuana, the person will have to produce a current prescription/card and they may only carry the amount allowed by their prescription. Once they show the officer this proof, they will be free to go without incident. At this time, CBP will file an internal agency report of the interaction to note that it occurred for future reference.” However, after double-checking this policy with the El Paso Sector Office of Customs and Border Protection, I received an email yesterday from Ramiro Cordero, Acting Assistant Chief Patrol, which is in direct contradiction to the policy you sent me. Specifically, he wrote that “The possession/distribution of illegal substances and or narcotics are punishable by federal law, the U.S. Border Patrol enforces federal law. Illegal substances found by U.S. Border Patrol agents during inspections/searches are subject to seizure and will be seized.” So which is it? People in our state, using marijuana in a legal manner, should have a clear knowledge of what will happen to them if they are stopped at a Border Patrol checkpoint. I would hope policy being made in Washington it is being consistently and clearly enforced at the sector level. Thank you for looking in to this, and please let me know if I can be of further assistance in clarifying how Federal policy will be enforced in this manner. Sincerely, Bill McCamley New Mexico State Representative, District 33
Posted on: Tue, 01 Apr 2014 17:36:06 +0000
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