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A cannabis grower has vowed to sue New Mexico authorities after tens of thousands of marijuana plants were destroyed in a noncompliance dispute.
In a heated legal battle, the state’s decision has led to a planned lawsuit by NNK Equity LLC, whose attorney claims the company’s rights were violated.
The recent large-scale cannabis seizure was the state’s most significant since legalizing possession and cultivation in 2021, signaling intensified regulatory enforcement.
State officials announced the operation, reporting that dozens of agents took part in eradicating NNK Equity’s plants in October.
The Cannabis Control Division had already filed noncompliance and default orders earlier in the year against NNK Equity, accusing the company of serious regulatory violations.
These include not posting licenses on site, lacking water rights for cultivation, failing to install required surveillance cameras, and disregarding sanitation standards.
“The organization involved showed a blatant disregard for the laws of this state and we will prove that once this investigation is over,” stated New Mexico State Police Chief Troy Weisler, underscoring the state’s firm stance.
New Mexico State Police image showing marijuana plants removed from a growing operation in Waterflow. On Tuesday, a company that had its cannabis crops destroyed by the state vowed to sue for damages.
New Mexico State Police image showing marijuana plants removed from a growing operation in Waterflow. On Tuesday, a company that had its cannabis crops destroyed by the state vowed to sue for damages.
New Mexico State Police/AP PHoto
Alleged Violations of Due Process
Attorney Jacob Candelaria, representing NNK Equity, disputed these charges, arguing that authorities violated his client’s civil rights.
He contends that the Cannabis Control Division failed to provide adequate notice of its intent to revoke NNK Equity’s license and denied the company a hearing.
Candelaria emphasized that his clients, Irving Lin and Bao Xue, primarily speak Mandarin Chinese, and Lin requested a Chinese translation, which he claims went unanswered. Regulators, however, maintain that they complied with all notice and hearing requirements, asserting that due process was observed.
Newsweek has reached out to NKK Equity’s representatives for comment via email.
Company to Challenge License Revocation
NNK Equity plans to seek judicial intervention, asking a state district judge to overturn the license revocation and mandate a hearing.
Additionally, Candelaria announced plans to sue the state, citing the destruction of what he says is hundreds of thousands of dollars’ worth of 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,” Candelaria argued, raising questions about due process in cannabis enforcement.
A cannabis adviser at a medical marijuana dispensary in Santa Fe, New Mexico, on March 6, 2019. Cannabis has been legal for recreational use in New Mexico since June 29, 2021.
A cannabis adviser at a medical marijuana dispensary in Santa Fe, New Mexico, on March 6, 2019. Cannabis has been legal for recreational use in New Mexico since June 29, 2021.
License Issues and Regulatory Crackdowns
NNK Equity, licensed in December 2023 to operate in Waterflow, a rural area near the Navajo Nation, is no stranger to scrutiny.
State regulators in June found the company had surpassed its permitted plant count, and a second, unlicensed location was later discovered.
Authorities highlighted additional regulatory lapses, including transportation and tracking violations, such as failure to assign ID numbers to each plant.
The Waterflow region has seen heightened enforcement, with authorities recently targeting two other cannabis operations and the Navajo Nation filing charges against two tribal members. The latest clash over NNK Equity’s destroyed crops reflects broader tensions in New Mexico’s burgeoning cannabis industry.
This article contains additional reporting from The Associated Press
“}]] According to lawyers for the firm, the destroyed cannabis plants were worth hundreds of thousands of dollars. Read More