However, the federal government considers medical marijuana an illegal substance subjecting the person to the full fury of the federal government. The State of New Mexico says it is legal while the Federal Government says it is not.
There should never be a time in a nation of laws for something to be legal and illegal concurrently. But that is not as big a problem as the question: who ultimately is in charge in police matters?
The second example came recently when Otero County Commissioners asked Otero Sheriff Benny House to open a gate in Otero County that was shut by a federal authority. The feds insists on a closed gate, Otero County wants an open gate. They told the Sheriff to open it. Neither side intends to give an inch.
Imagine if I legally possessed medical marijuana. And imagine if Governor Martinez was in my truck as we were stopped by the Border Patrol. They would detect marijuana and attempt to confiscate it even though I showed my paperwork.
Imagine if I legally possessed medical marijuana. And imagine if Governor Martinez was in my truck as we were stopped by the Border Patrol. They would detect marijuana and attempt to confiscate it even though I showed my paperwork.
Whether I was with Governor Martinez or my own County Sheriff we would have a difficulty. How would it play out? We do not know because it is not clear who is the final authority in New Mexico. Our New Mexico Constitution says it is the Sheriff of that county. Would the feds listen?
So let’s say I asked Governor Martinez to protect my legal property. Perhaps she would tell her State Police bodyguards to protect us from the feds. Well, friends, it could get dangerous. Who would back off? The federal government has become a military of their own with tanks, planes and guns galore.
Last year New Mexico Congressman Steve Pearce was in the middle of this exact question. The residents of the village of Cloudcroft wanted to thin some trees near the town so if lightning started a blaze there would not be enough fuel-load to burn down the town. The Forest Service said no.
An Otero County Commissioner decided to get a chain saw and just cut down the offending trees since it was in Otero County and represented a danger to the residents of Otero County. The Forest Service prepared to take anyone with a chain saw into custody and law them to a frazzle. The commissioner prepared to be arrested.
Then Congressman Pearce showed up, picked up a chain saw and cut down the first tree that needed to be thinned. The Forest Service lost their nerve and blinked when Congressman Pearce would not. They decided that taking a member of Congress into custody for his act of protecting citizens might cast the Forest Service into a bad light. No fooling, they can tell light from dark, up from down, heat from cold and stupid from smart.
It may turn out that Congressman Pearce will have to get some bolt cutters and lead the Sheriff to the gate because the Forest Service might not resist shooting a Sheriff, but they would not want to shoot any Congressmen this close to a federal election.
So what I want is to know who is in charge? Is it the feds or the state? If a federal agent is abusing me can the Sheriff in my county tell them to stop or can the feds bring in millions of federal fighters with billions of rounds of hollow-point ammunition and just kill everyone who does not bow to them. Who is in charge?
Starting with the New Mexico Attorney General, members of the New Mexico Legislature along with the Congressional delegation and of course our county sheriffs, we need to figure out who is in charge. Are our state and county leaders going to protect us or is this entirely federal land and the feds run everything?
Dr. Michael Swickard hosts the syndicated radio talk show News New Mexico six to nine a.m. Monday - Friday on a number of New Mexico radio stations and through streaming. Email: michael@swickard.com
