The 2,500 plant dash: Medical cannabis producers prepare for expanded plant limit

The scramble to reach 2,500 has begun. More than a quarter of medical cannabis producers in New Mexico have already applied to increase their grow operations to 2,500 plants since the state announced, through an emergency rule change, it would allow plant increases a week ago. Of the 35 registered Licensed Non-Profit Producers (LNPP), 12 applied to increase the number of their plants and nine said they they intend to grow the maximum number of plants. That could mean 26,000 plants across the state, not counting the plants grown by patients who grow their own cannabis with a Personal Production License. That’s about double what the Department of Health reported in production at the end of  2018.

DOH Sec: Cannabis producers can grow up to 2,500 plants, temporarily

New Mexico medical cannabis producers can have up to 2,500 plants at any given time—for now. In a late afternoon email, the state’s Medical Cannabis Program informed licensed producers it was enacting an emergency rule and increasing plant limits to five times the original amount. Read more about this:Despite court order, still no clarity on medical cannabis plant count

The abrupt change comes after months of litigation and a court order for the state to come up with a plant limit  backed by data. The program’s director Kenny Vigil addressed the judge’s decision and said a permanent rule will come within six months. “This is a temporary regulation that will be in place until DOH promulgates, within 180 days, a formal rule establishing plant count in the state pursuant to the rules of Judge Thomson’s order and commensurate with patient needs and anticipated increases in demand,” Vigil wrote in his email.

Despite court order, still no clarity on medical cannabis plant count

Today’s the day. The New Mexico Department of Health has run the clock on a court order to come up with a number, and a reason behind it, of how many medical cannabis plants can be grown in the state. Last year, a state district court judge gave the state’s Department of Health about four months to determine a maximum number of plants medical cannabis producers can have at any given time. And the judge ordered the department to back their decision up with data. The department asked for a last-minute extension from the court, which the judge denied.

Medical cannabis producers’ numbers don’t match reports

Keeping tabs on the amount of medical cannabis available throughout the state may seem straightforward, but a review of quarterly reports seem to show more cannabis available for sale than what was grown or produced. While the state’s Department of Health requires producers to accurately track every gram of cannabis—beginning with harvesting and ending with sales—reports from some producers appear to have glaring discrepancies. Through a review of quarterly reports, NM Political Report found that at least five medical cannabis producers who reported sales exceeding the amount of cannabis that they produced. Those five producers reported selling a combined 676,272 grams of cannabis between January and March, but should have only had a combined 475,028 grams available to sell during that period. This means more than 200,000 grams, or 44 pounds, of medical cannabis sold in New Mexico in three months with almost no accounting of where it came from.

Bill seeks oversight of private boarding homes

LAS VEGAS, N.M. — The Loving Care Shelter Home, one of several private homes in Las Vegas that has provided room and board for people with mental illness, is a ramshackle place between a mobile home and a burned-out house in an old neighborhood near downtown. Inside the home, according to a recent state inspection report, residents lived in filth, with paint chipping off walls, stained and threadbare rugs, torn window screens, electrical hazards, a rickety wooden front porch with an old couch with cigarette burns and piles of debris in the backyard. The medical care of the five residents at the Loving Care Shelter Home was shoddy, as well, according to the 96-page report by the state Department of Health on the home’s deficiencies. Among other problems, residents didn’t get required medical checks, and there were no plans to manage their illnesses, the report says. The home’s two staff workers weren’t trained in how to store drugs and assist residents with their medications.

Bill to ease rule in wild animal attacks stalls

A House committee Tuesday declined to approve legislation to relax a state requirement that any wild animal that attacks a human be killed so it can be tested for rabies, citing testimony from health and wildlife officials who argued the change would pose a significant risk to public health and safety. The state requirement drew a harsh national spotlight last summer after a marathon runner was attacked by a black bear in the Valles Caldera National Preserve. State officials tracked the bear, which wore a collar as part of a study, and euthanized it, sending its brain to a lab for rabies testing, as required by a Health Department regulation. The tests were negative. The marathoner, Karen Williams, a nurse, was clawed and bitten.

House GOP budget proposal cuts higher ed, restores other cuts

A new proposal from House Republican leaders to fix the state budget deficit would cut the same amount of money—$89.6 million—as the Senate Democratic leaders’ plan. But House Speaker Don Tripp, R-Socorro, Majority Leader Nate Gentry, R-Albuquerque, and state Rep. Jason Harper, R-Rio Rancho, emphasized different priorities in the House Republicans’ plan, which they presented to reporters Monday morning in a press conference. Namely, Republicans said their plan swaps cuts proposed in the Senate bill to K-12 education, the state Children, Youth and Families Department, the Department of Public Safety and services for sexual assault victims in the state Department of Health budget for deeper cuts in higher education. House Republicans also emphasized that their proposal raises no taxes. “The last part is very important because New Mexicans cannot afford to pay more taxes,” Tripp told reporters while announcing the proposal.

Andy Lyman

Committee passes bills to help bridge budget deficit

The Senate Finance Committee went to work Friday to bridge the gap on the large budget deficits in both the current fiscal year and the recently completed fiscal year. The proposals to close the deficits came from expanding medical marijuana, taxing some internet sales and accelerating the phasing out of the hold-harmless provision for local governments. “If it looks like chaos, that’s what it is,” Senate Finance Committee chair John Arthur Smith, D-Deming, joked at the start of the productive meeting. Another meeting for the bills was scheduled for later Friday evening, with Senate Majority Leader Michael Sanchez saying the full Senate would hear the bills later that night. The committee passed seven bills in all, sending all seven to the Senate floor.

DOH gets warned about medical pot delays

State Auditor Tim Keller wants answers from the state Department of Health for delays in the processing of cards for medical cannabis program patients. In a letter to DOH Secretary-designate Lynn Gallagher sent yesterday, Keller writes that that his office will audit the department’s compliance with the legally-required 30-day waiting period for processing applications of new and returning medical cannabis patients. Patients are required to renew their cards every year. As NM Political Report and other news outlets have recently reported, thousands of patients are waiting as much as two or three times the required time period to receive their card, despite a state statute requiring the department to process applications in no longer than 30 days. Patients waiting in the limbo period aren’t legally allowed to buy cannabis, even if they were members of the program and have been prescribed cannabis by their doctors.

School clinics want answers after state pulls funding

Five health clinics located in public schools will see a complete stripping of their state funding, likely leading all five to shut down. The cuts, announced by the state Department of Health earlier this month, come as part of several money-tightening measures placed in the state budget this year amid declining oil and gas revenues. The budget, passed by the state Legislature and signed by Gov. Susana Martinez, cut $300,000 for school-based health clinics. Now critics are panning state health department officials for a lack of transparency in how they decided to issue all of the cuts to a handful of 53 such clinics across the state. “The criteria they used is still unknown to us,” state Senate Majority Leader Michael Sanchez said in an interview.