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.
A Republican state senator on Thursday introduced a bill that would legalize recreational marijuana but, unlike a Democratic House bill, would have the state operate retail marijuana stores. Sen. Mark Moores of Albuquerque said in a phone interview Thursday that, considering the number of western states that have adopted laws treating marijuana more like alcohol, legalization in New Mexico is inevitable. “It’s a just matter of how we want to do it,” he said. “We should do it in a smart way.” Moores said his proposal would take steps to reduce harmful effects of marijuana, “while allowing adults the liberty of using marijuana if they want to.”
In less than a week, Albuquerque voters will cast ballots for the next mayor and in some districts, city councilors. Most candidates have straightforward ideas on how to improve the city, but one candidate is keeping true to his campaign modus operandi by proposing an idea that other candidates won’t even consider. Gus Pedrotty, the youngest candidate for mayor this year, recently added city-level marijuana legalization to his platform. While the idea of legalization on a local level may be enticing for some voters, other candidates and at least one cannabis producer said the idea is too complicated to work. Earlier this month, Pedrotty released a campaign video promoting his ideas for improving the city’s clean energy industry and how to help pay for it.
A prominent medical cannabis producer in New Mexico filed a federal lawsuit against officials with the state agency that oversees the New Mexico State Fair and owns the fairgrounds. In the complaint filed Wednesday, New Mexico Top Organics-Ultra Health accused top staffers with Expo New Mexico along with the chair of the state fair board of violating the First and Fourteenth Amendments of the U.S. Constitution for barring the medical cannabis company from bringing cannabis-related materials to an educational booth later this year. Chairman of the New Mexico State Fair Commission Larry Kennedy, Expo New Mexico General Manager Dan Mourning and Concessions Department Director Raina Bingham are named as defendants in the case. The state fair officials, according to the lawsuit, “implicitly chilled” Ultra Health’s “clearly established rights to freedom of speech and expression.” New Mexico Expo officials, though, said they have the authority to implement their own rules and regulations.
A prominent Albuquerque medical cannabis producer will not have to shut its doors next week during what he says is one of his busiest days of the year. This comes after Santa Fe Judge David Thompson ruled Monday that Ultra Health must pay a $100 fine for bringing a cannabis seedling plant to the New Mexico State Fair last year. But Ultra Health will not have to close down for five days, as the state originally ordered to punish the medical cannabis producer for putting the plant on public display. The ruling comes after a nearly seven-month long legal battle between the company and the New Mexico Department of Health. Ultra Health brought a non flowering cannabis plant to the New Mexico State Fair in September 2016 and was quickly told to remove it by fair officials.
A letter from the U.S. Department of Justice to organizers of a cannabis festival in Nevada could signal how the Trump administration plans to enforce marijuana laws. Nevada’s U.S. District Attorney sent a letter last week to Duke Rodriguez, CEO of the New Mexico and Arizona based Ultra Health, with concerns that cannabis will be present at the High Times Cannabis Cup. The letter appears to reference communications between the federal office and members of the Moapa Band of Paiutes, a tribe in southern Nevada. The event is scheduled to take place on tribal land. In his letter to Rodriguez, U.S. Attorney Daniel Bogden wrote that tribal members informed his office they would “scale back the event and prohibit the use/distribution of cannabis and cannabis products” at the festival, scheduled to take place this weekend.
In New Mexico, lawmakers have debated acceptable uses of medical marijuana and some have questioned if cannabis producers are allowed to have enough medical cannabis to qualify as an “adequate supply” for patients. While politicians and medical cannabis advocates in Santa Fe argue over appropriate plant numbers, getting actual numbers from the agency that governs the program is difficult—despite the fact that producers are required to use specific software to track all transactions. Despite the plethora of debates and discussion, cannabis transaction data from the state is either unavailable or state employees do not know how to access it. In almost every legislative discussion about New Mexico’s Medical Cannabis Program, producers and patients sell their respective claims on how much medical cannabis should be available in the state. Depending on what day and who is speaking, the state could be in a shortage that amounts to a crisis or have such a glut of cannabis that producers have to unload product to each other.
A bill that would update the state’s medical cannabis law could see some changes before it’s ever heard in a legislative committee. Sen. Cisco McSorley, D-Albuquerque, prefiled his aptly named Medical Marijuana Changes bill last month. Now McSorley is working with a group of producers and patient advocates to make changes to his bill one week before the legislative session starts. McSorley told NM Political Report he wants to add opioid addiction to the list of medical conditions that qualify patients to buy cannabis. He also said he wants to allow all veterans to use cannabis medicinally.
TAOS — Medical cannabis patients, producers and advocates met with a legislative committee Monday afternoon to discuss issues New Mexico’s medical marijuana program. About 50 people gathered in the Taos County Commission Chambers for a Legislative Health & Human Services Committee for an opportunity to hear from New Mexico Department of Health Secretary-Designate Lynn Gallagher regarding patient card wait times, provider plant limits and organizational issues within the department. Gallagher defended the program, which has been under fire for long wait times for medical cannabis cards, and told legislators her department was making progress in improving the medical cannabis program by increasing plant limits and how much marijuana patients can possess. “We’re not perfect but we are moving in a forward, positive direction,” Gallagher told lawmakers. The entire committee meeting lasted more than five hours and only covered medical marijuana, but in the last hour, lawmakers asked pointed questions about the program and Gallagher’s plans for the future.
The state Department of Health was in the hot seat at an interim legislative committee meeting—despite the fact no one from the department was actually in the room. The interim Disabilities Concerns Subcommittee met with a number of people involved with the state’s medical cannabis program. The topic of discussion was the renewal and issuance of patient cards. No representative from DOH showed up, even though the department oversees the program. The committee’s vice chair, Sen. Nancy Rodriguez, D-Santa Fe, expressed her concern that DOH was unable to send anyone to speak about the delays many patients are seeing when applying for medical cannabis cards.