Can a New Mexico police officer lawfully conduct a DWI investigation simply because they smell an odor of marijuana in the car, or see a vape pen on the console?

When New Mexico House Bill 2, the Cannabis Regulation Act, was signed into law by Governor Michelle Lujan Grisham on April 12, 2021, many other reforms were also enacted. While the legalization of the personal recreational use of cannabis aims to shut the door on monies previously generated through criminalization, reform is still somewhat of a slow train coming. Legalization has moved at a faster pace than the police are trained. Thus, there are many illegal marijuana DWI investigations happening right now and throughout the […]

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