Marijuana business is booming at the border, but comes with risks (2024)

Easy access to legal marijuana arrived at El Paso's doorstep a year ago when New Mexico's cannabis industry blossomed with over 630 dispensaries.

Ultra Health, Everest Cannabis Co. and at least seven other dispensaries are operating near Sunland Park Drive, a busy thoroughfare linking El Paso to Sunland Park, New Mexico.

A short drive and El Pasoans could buy Ultra Health's chocolate or fruit flavored edible and Bosque Queen pre-rolled joints, or try Everest's house blend, Critical Kush or Acapulco Gold. The options are plentiful and business is booming for these Borderland dispensers.

"Towns near the Texas border were also positively impacted by the cannabis industry," New Mexico Gov. Michelle Lujan Grisham touted in a news release marking the first anniversary of the state's cannabis industry. "Sunland Park recorded $19.4 million in adult-use sales."

More: Cannabis supporters want action from City Council to stem pot-related arrests in El Paso

El Paso law enforcement, however, continues to enforce Texas marijuana laws. Both the city of El Paso and El Paso County have created programs to issue citations for people caught with low-level possession of marijuana. The citations can carry a hefty $500 fine.

"We support the sheriff's office and the police department with their First Chance, and cite and release programs," El Paso District Attorney Bill Hicks said. "Both of those programs give people who are caught with low level amounts of marijuana an opportunity to essentially walk away from the charge without the potential of having a criminal record.

"I think that is a very good resolution. A very good resolution of use of county and taxpayer resources, while still enforcing the law. Whether we like it or not, at least right now, possession of marijuana, even under two ounces is still against the law."

The Texas Legislature is still weighing measures related to recreational and medical marijuana, but it's still unclear whether a bill will reach Gov. Greg Abbott's desk in the 2023 session, which ends May 29.

The cite and release is a city of El Paso program, which started in 2020, while the First Change is a county program started in 2017. The First Chance program was createdfor first-time offenders but expanded in 2020 to include those with a criminal record.

The cite and release program is for misdemeanor amounts of marijuana possession, Hicks said.

Class A misdemeanor is issued for possession of four ounces or less but more than two ounces, while a Class B misdemeanor is two ounces or less.

The citation given is similar to a traffic ticket, where a defendant promises thatthey will appear in court at a later date.

To qualify for the programs, suspects must be adults, stopped for misdemeanor possession, reside in El Paso County, and the officer must have reasonable belief the suspect will appear in court.

Other issues that would make a suspect ineligible for the program include being a confirmed gang member, habitual offender— three or more misdemeanors or felonies — outstanding warrants, under the influence at the time of the incident or if the incident involves other charges in addition to possession of marijuana.

Recent statistics on how many citations have been given since the programs started were not immediately available. The El Paso Times filed open records requests to gather the number of citations given. The requests are still pending.

However, statistics on the program were presented by El Paso Police Department Assistant Chief Zina Silva to the El Paso City Council at a February 2022 meeting. According to the presentation, only a small number of citations are being issued by the police department.

Between September 2021 to November 2021, there were 16 suspects accepted into the cite-and-release program, while 151 arrests were made in low-level possession cases, the data show.

Silva said during her presentation, the main reason suspects do not qualify for the program was because of other charges pending their cases. She said 69% involved the suspect being arrested in connection with other charges.

The other majority of reasons included narcotics cases making up 10% and stops in drug-free zone making up 5%. Pending testing on the drugs, habitual offender and suspects being uncooperative each made up about 4%. Officer discretion was used in about 3% of the cases.

More: The blunt facts El Paso residents should know when New Mexico recreational cannabis sales start

Since the program started in September 2020 to November 2021, El Paso police department accepted 182 cite-and-release cases, Silva said during her presentation.

According to the data, 61% of those who entered the program paid their fines, while about 16% of defendants appeared in court but had not yet completed the program because they had not paid the fine.

The reason for people not completing the program included not showing up to court; serving jail time instead of paying the fine; the citation was waived by the defendant; defendant plead in a family violence case; or the case was declined by the El Paso County District Attorney's Office.

For defendants who did not appear in court, warrants were issued or requested for their arrests, according to the data.

El Paso County Sheriff's OfficeCommander Robert Rojassaid the sheriff's office has seen an increase in the number of citations given under theFirst Chance program since New Mexico legalized recreational marijuana sales and use.

However, the sheriff's office was unable to provide the number of citations.

Texas Department of Public Safety officials did not respond to questions about their enforcement of marijuana laws.

The history of marijuana laws in El Paso dates back to 1915.

The El Paso City Council passed an ordinance makingEl Paso the first city in the nation to ban marijuana,the El Paso Times reported. The ordinance, which went into effect June 14, 1915, came two decades before the U.S. federal government classified marijuana as an illegal and dangerous drug.

New Mexico marijuana legalization impact on El Paso

It is difficult to tell if the legalization of marijuana in New Mexico has impacted the number of citations or arrests made for possession of marijuana, law enforcement officials said.

"This is hard to determine but the availability of legal marijuana in nearby communities makes the substance easier to get for county residents," Rojassaid.

Rojas warned El Pasoans that marijuana is still illegal in Texas.

"Our deputies continue to enforce the laws of our state," Rojas said. "Residents of El Paso County must understand that marijuana is still illegal in Texas regardless of how the substance is purchased illegally or legally."

While law enforcement continues to enforce state marijuana laws, New Mexico dispensaries continue to see a large portion of their customers come from El Paso.

Dozens of dispensaries are within miles of the El Paso-New Mexico border, including shops in Sunland Park, Chaparral, Las Cruces and Alamogordo.

"Sunland Park without a question has been the biggest benefactor of El Paso activity," said Duke Rodriguez,CEOandpresident of Ultra Health which operates more than 35 Ultra Health cannabis dispensaries in New Mexico. "I would guess probably 80% of the revenue is from the El Paso area."

Sunland Park recorded $19.4 million in adult-use sales of marijuana since it was legalized, while Las Cruces received more than $22.3 million in sales, according to the New Mexico Cannabis Control Division. Ruidoso saw more than $7.9 million in adult-use sales.

Leon Harris Jr., who opened Premier High Life in Las Cruces on April 20, said he expects El Pasoans to make up a large majority of his customers.

"We are expecting a lot of El Paso people coming up here because they don't have to go through federal checkpoints," Harris said. "It gives them ease of access of being able to come here and get back without having to deal with a lot unlike when you leave Las Cruces heading towards Albuquerque. It is still illegal federally so at federal checkpoints they can still enforce federal marijuana laws."

However, Harris and Rodriguez warned El Pasoans not to bring marijuana across state lines because it could lead to major legal consequences.

"They need to be cognizant of the fact that you cannot cross state lines with it, but it can be lawfully bought and consumed in New Mexico," Rodriguez said. "Certainly, we're going to do everything we can to encourage Texans to lawfully purchase and consume in New Mexico."

Attempting to bring marijuana into Texas can impact the rest of your life, Harris warned.

"It is still illegal in Texas, so don't attempt to buy in New Mexico and bring it to El Paso," Harris said. "Realistically, you're probably gonna see legalized cannabis in Texas eventually, it won't be soon but it will be legal eventually. So just be patient. El Pasoans and all Texans are more than welcome to come to New Mexico and purchase marijuana but they need to use it here and not risk taking it into Texas."

He continued, "You're facing felony charges if you cross state lines and those can stick with you for the rest of your life. They can't impede your ability to have a business and potentially impede getting student loans, among other things. It could affect a lot of things in your life."

The legalization of marijuana has had a booming impact on the economy in New Mexico.

The New Mexico governor announced earlier this month that the state saw $300 million in adult-use cannabis sales in its first year.

As of March 2023, more than $27 million in cannabis excise taxes have gone to the state's general fund and to local communities, Lujan Grisham said.

“In just one year, hundreds of millions of dollars in economic activity has been generated in communities across the state, the number of businesses continues to increase, and thousands of New Mexicans are employed by this new industry,” Lujan Grisham said in a statement. “I’m excited to see what the future holds as we continue to develop an innovative and safe adult-use cannabis industry.”

Future of marijuana in Texas

Several marijuana-related bills have been filed in both the Texas Senate and House of Representatives, including HB218 by state Rep.Joe Moody, D-El Paso, to reduce penalties for low-level possession of marijuana.

Moody's bill HB 218 is similar to the citation programs offered in El Paso. The bill also moves to vacant previous marijuana convictions.

Moody did not respond to requests for comment.

The bill would bar law enforcement officers from arresting people caught in possession of an ounce or less of marijuana. It would make the offense a Class C misdemeanor, which is the equivalent of a traffic ticket. Possession of an ounce or less is currently a Class B misdemeanor.

The defendant would be ordered to appear in court, pay a fine and stay out of trouble for six months. It would also allow defendants to have their criminal records expunged for low-level marijuana convictions.

However, law enforcement would still be able to arrest a person if they committed another offense along with the possession of marijuana under an ounce.

More: Host of bills advancing through Texas Legislature as session enters fourth month

The bill passed the House Criminal Jurisprudence Committee in March. On April 26, the House of Representatives approved the measure. It will now head to the Texas Senate for consideration.

Numerous bills have been introduced into the House and Senate in recent years including HB 4097, which was authored by Sen. Cesar Blanco, D-El Paso, during the 86th Texas Legislature session in 2019. Blanco was a state representative at the time.

The bill would have made medical marijuana use legal for U.S. veterans to treat post-traumatic stress disorder.

The bill passed committee but was not voted by the House of Representatives, state legislative records show.

Blanco said he is hopeful marijuana reform bills in the current session will be passed to benefit those in need.

"In the 86th regular session, I filed HB 4097, which allowed for the use of medical cannabis by veterans for PTSD and I will continue to support similar legislation in the Senate this session," Blanco said in an email. "An abundance of research supports the use of medicinal marijuana to treat and manage dozens of medical conditions and I believe there is bipartisan support for this legislation, so we will see how these bills fare this session."

Aaron Martinez may be reached at amartinez1@elpasotimes.com or on Twitter@AMartinezEPT.