Santa Fe Standard

State laws prohibiting the possession or distribution of any restricted substance has come under the microscope now, as a patient pulled over for a traffic violation and in possession of a large amount of cannabis has raised a question or two in a case in New Mexico.

What happened in August 2019 near the New Mexico-Arizona border, is the case at hand. That is when a New Mexico State Police officer pulled over a van for speeding, and the officer stated that he discovered the smell of marijuana – a very strong odor of it – coming from the vehicle.

Cevin Stambough, was the driver of the van, and he also happened to be a New Mexico medical cannabis patient with five grams of cannabis in his possession that was discovered after the officer searched his vehicle. A warrant was in place to conduct the search, and the amount was found packed in 10 individual plastic bags. The haul actually produced approximately 14 pounds of cannabis products.

Stambough did not deny that he was the owner of the cannabis and now is charged with a second-degree felony in a state district court.

The story of what is legal in Stambrough's case comes down to what the state’s Medical Cannabis Program allows, which is eight ounces. And the fact that it is illegal to sell the cannabis, but even if he was transporting it as a patient, it is still over the eight allowed ounces a patient can possess at any time.

Chief Deputy District Attorney R. David Pederson, who is heading up the prosecution in the case, noted the large haul taken from the van and that it's more than what is legally allowed.

“Taking out the medical cannabis issues about it, when officers make an arrest, they look at a whole bunch of factors,” Pederson told the NM Political Report. “So it really is a  fact-intensive kind of assessment, on a case-by-case basis, as to whether you denominate it as a simple possession, or is it something more than that?”

 Stambrough's admission to having the cannabis brought into play the conversation of possession versus intent to distribute, according to Pederson, who said enforcing the rules and regulations on medical cannabis raises some questions.

 “My speculation is we’re going to see more of this until and unless  the Legislature clarifies some of these aspects of it,” Pederson said.