ALBUQUERQUE, N.M. — UNM police detained 40-year-old Radar Garner on Friday for possessing about a pound of marijuana and one to two pounds of ultra-potent kief. The situation raised questions about the importance of adhering to cannabis regulations to maintain industry integrity.

Garner claimed he obtained the drugs from a friend closing a dispensary. However, the dispensary said the friend was never employed there. The dispensary told KOB in a phone interview that Garner has since changed his story, telling investigators that he obtained the drugs from a dumpster.

What happens to the cannabis when a dispensary closes, though? The Cannabis Association of New Mexico states that they must follow strict rules when closing, including recording product destruction.

“There’s a whole long list of things that licensees are supposed to do when they destroy that product, including keeping it under camera for at least 72 hours and recording the destruction on video,” said Matt Kennicott, executive director of the Cannabis Association of New Mexico.

Sandia Botanicals, where Garner said he got the drugs, confirmed all products were sent to Las Cruces per New Mexico cannabis regulations.

Advocates emphasize that not following these rules harm those who do it the right way.

“When somebody breaks the law like this or does something against the rules. It hurts everybody in the industry,” said Kennicott. “It costs us a lot of time and a lot of money. And when other people are not playing by the rules, like this gentleman that was arrested, it puts a hurt on the rest of the industry. It’s sending a signal that the rules don’t matter.”

Statement from the New Mexico Cannabis Control Division:

“There should be no product in a dispensary after the time a licensee permanently ceases doing business and no longer holds a license with the Cannabis Control Division. Licensees must follow a specific rule established by the Cannabis Control Division for closing a licensed cannabis establishment, including a wind down timeline and returning, surrendering, or destroying of cannabis products. See NMAC 16.8.2.8 (V).

Once a dispensary permanently closes and is no longer licensed, the track-and-trace system for all products remaining at that location becomes locked and no products can be legally sold or transferred. Any product sold or transferred after the entity is no longer licensed would be considered a violation of the Cannabis Regulation Act and enforceable through administrative and/or criminal penalties.

Additionally, licensees are never allowed to gift cannabis products. Doing so while maintaining a license would be considered an administrative violation, and depending on the amount given, could become a criminal violation. If the gifting occurs outside of the regulated framework (e.g., by an unlicensed individual), this could be considered trafficking and referred to law enforcement to investigate criminal charges.”