Last verified: March 2026
Federal agents at interior checkpoints have seized cannabis, detained workers, fingerprinted them, and entered their names into federal drug trafficking databases — even when the cannabis was legally purchased and being transported by a licensed New Mexico business. CBP has refused to change this policy despite intervention by the Governor and ACLU.
What Are Interior Checkpoints?
U.S. Customs and Border Protection (CBP) operates permanent and semi-permanent interior checkpoints within 100 miles of the U.S.-Mexico border. These are not at the border itself — they are inland, on public highways, stopping all traffic regardless of citizenship. Their stated purpose is immigration enforcement, but CBP agents routinely use drug-detection dogs and will seize cannabis when found.
Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act. Federal law supersedes state law on federal property and at federal checkpoints. Your New Mexico dispensary receipt, your state medical card, and the fact that you purchased cannabis legally under state law do not matter at a federal checkpoint.
Known Checkpoint Locations
| Highway | Location | Direction Stopped | Notes |
|---|---|---|---|
| I-25 | Between Radium Springs and Rincon (south of Hatch) | Northbound | Primary checkpoint for Las Cruces to Albuquerque traffic |
| I-10 | West of Las Cruces / East of Deming | Eastbound & Westbound | Major east-west corridor checkpoint |
| US-70 | Near Alamogordo | Westbound | Affects traffic from Alamogordo/White Sands area |
| NM-185 | South of Rincon | Northbound | Back road sometimes used to avoid I-25 checkpoint |
Important: Checkpoints stop northbound and outbound traffic — they're designed to catch people and goods moving away from the border. This means cannabis purchased in Las Cruces, Sunland Park, or other southern NM cities faces a checkpoint on virtually every route heading north or east.
What Has Been Seized
Since February 2024, the scale of seizures has been documented:
- Over $350,000 in cannabis products seized
- 14+ licensed New Mexico cannabis businesses have had products confiscated
- Workers transporting legally licensed inventory have been detained and fingerprinted
- Those workers' names have been entered into federal drug trafficking databases, potentially affecting future employment, travel, and immigration status
These are not anonymous consumers. These are licensed, regulated businesses operating legally under New Mexico law whose products and employees have been treated as drug traffickers by the federal government.
Industry & Government Response
The checkpoint issue has triggered a significant political and legal response:
- Ultra Health, one of NM's largest cannabis operators, relocated production operations north to avoid having to transport product through the I-25 checkpoint
- The ACLU has challenged the seizures, arguing that interior checkpoints are being used beyond their immigration-enforcement scope
- Governor Michelle Lujan Grisham contacted the Department of Homeland Security about the issue
- CBP has refused to change its enforcement policy, maintaining that cannabis remains federally illegal regardless of state authorization
Practical Advice for Consumers
If you're purchasing cannabis in southern New Mexico and plan to travel:
- Purchase and consume in the same area. If you buy in Las Cruces, consume in Las Cruces. Don't plan to transport it north.
- Albuquerque and Santa Fe are north of all checkpoints. If you're visiting those cities, buy there. You will not encounter a checkpoint between ABQ and Santa Fe.
- There is no guaranteed checkpoint-free route from southern NM heading north. Back roads (NM-185, county roads) may also have checkpoints.
- Do not assume checkpoints are always staffed. They can be activated or deactivated without notice. The fact that a checkpoint was empty last week doesn't mean it will be empty today.
- Federally, you have no right to refuse a search at a checkpoint. While you can decline to answer questions about citizenship, CBP operates under different legal authority than local police — Fourth Amendment protections are limited within the 100-mile border zone.
All of southern New Mexico falls within the federal government's claimed 100-mile border enforcement zone. This includes Las Cruces, Sunland Park, Hobbs, Alamogordo, Deming, Silver City, and Truth or Consequences. Albuquerque is outside this zone. Santa Fe is outside this zone.
The Bigger Picture
New Mexico's checkpoint problem is unique in the legal cannabis landscape. No other recreational-use state has permanent, active federal interior checkpoints that stop all traffic on major highways. This creates a situation where cannabis is fully legal under state law, sold by licensed businesses, taxed by the state, and then seized by federal agents 35 miles up the road.
Until federal cannabis policy changes — or CBP changes its enforcement approach — this conflict will remain the defining issue of cannabis in southern New Mexico.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org
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