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 state. If you can establish the basis for the investigation was odor of cannabis, then there may be a solid defense to the DWI.
The answer is the odor of cannabis or cannabis extract SHALL NOT constitute “reasonable articulable suspicion of a crime and is NOT a basis to stop, detain or search a person.” Nor does the possession of a vape pen in the vehicle containing cannabis oil constitute lawful cause for investigation, unless an excess of 16 grams is visible.