Federal agencies tasked with border security are contesting a lawsuit from New Mexico marijuana businesses that have had their state-legal products and other assets seized—arguing that, because cannabis is a Schedule I drug under federal law, it can be “summarily” taken.
But that might not be the case if marijuana was moved to Schedule III, the the U.S. Department of Homeland Security (DHS) and Customs and Border Protection (CBP) suggested in a new federal court filing.
As a proposal to federally reschedule cannabis sits in limbo—with administrative hearings on the Biden administration-initiated reform effort delayed at the Drug Enforcement Administration (DEA)—the agencies indicated that the potential policy change could impact their own forfeiture authorities.