NM judge orders state health department to loosen medical cannabis reciprocity rules

A district court judge in Santa Fe ruled Tuesday that reciprocal medical cannabis patients can buy, possess and use medical cannabis in New Mexico, regardless of whether their identification matches the state where their medical recommendation to use cannabis came from.  First Judicial District Court Judge Matthew Wilson’s order will also allow New Mexicans to […]

NM judge orders state health department to loosen medical cannabis reciprocity rules

A district court judge in Santa Fe ruled Tuesday that reciprocal medical cannabis patients can buy, possess and use medical cannabis in New Mexico, regardless of whether their identification matches the state where their medical recommendation to use cannabis came from. 

First Judicial District Court Judge Matthew Wilson’s order will also allow New Mexicans to get a recommendation to use medical cannabis from another state and become a reciprocal patient in New Mexico. 

The ruling came after New Mexico medical cannabis producer Ultra Health filed a petition asking the court to compel the state’s Department of Health to allow anyone with a medical authorization to use medical cannabis to become a reciprocal patient. 

Ultra Health’s attorney, Jacob Candelaria, who is also a Democratic state senator and himself a medical cannabis patient, told NM Political Report that Wilson’s decision will also allow patients to seek medical authorization from another state or from a tribal jurisdiction.    

“The court held that a reciprocal patient can have a proof of authorization and an ID from different jurisdictions, because the department was trying to say that, that you could only become a reciprocal patient if you had your proof of authorization, and your ID from the same jurisdiction,” Candelaria said. 

In his ruling, Wilson said the state DOH had been honoring identification cards issued by a different jurisdiction than respective medical cannabis recommendations. But last month the DOH instructed dispensary operators to only accept identification cards and cannabis recommendations from the same jurisdiction and only recommendations in the form of a card were to be accepted. Last week the department also filed an emergency rule change enacting the guidance they gave to dispensaries weeks before.  

Wilson noted, in his ruling, that prior to the department changing their rules, many reciprocal patients came from Texas, which has a more restrictive medical cannabis program than New Mexico. But some New Mexico residents, Wilson wrote, had the option of becoming a medical cannabis patient in nearby states with even fewer restrictions than New Mexico. 

“In essence, a New Mexico resident could bypass or circumvent the more stringent requirements for becoming a ‘qualified patient’ and elect to participate in the program as a ‘reciprocal patient,’” Wilson wrote. 

DOH spokesman David Morgan told NM Political Report that the department has already complied with the court order, but would not say whether the department plans on appealing the decision. Part of Wilson’s order was also that the DOH re-enroll any reciprocal patients who were removed from the program for not complying with the department’s temporary rule change. 

“The Department of Health’s Medical Cannabis Program has complied with the order,” Morgan said. “All 323 people affected by today’s decision have been re-authorized to be served by the program.” 

But Candelaria said he is slightly concerned that Gov. Michelle Lujan Grisham has advocated for full legalization, while her Department of Health tried to restrict who can become a reciprocal patient. 

“It’s unclear to me why the department takes this view that’s so fearful of New Mexicans getting access to medical cannabis, while the administration, on the other hand, is saying they are fully behind recreational legalization,” Candelaria said. “The two positions don’t seem to make much sense.”

The state’s reciprocity program was added to state law in 2019 as part of a wide reaching change to the state’s medical cannabis law. But it would take more than a year for the DOH to promulgate new rules to enact the change. Part of that 2019 law change also changed the definition of what a qualified patient was, albeit temporarily. The original medical cannabis law required a qualified patient to be a resident of New Mexico. The 2019 law change eliminated the residency requirement, only requiring a qualified patient to be a “person,” but the department maintained that a cannabis patient in New Mexico’s program was required to be a resident.

After Ultra Health successfully challenged that issue in court, the department allowed non-residents to become New Mexico cannabis patients, but also filed an appeal. But before that issue could be heard by an appellate panel, Lujan Grisham urged lawmakers to change the law back to only allow New Mexico residents into the program, unless they had a medical recommendation from a state with a medical cannabis program. 

During the 2019 legislative session, DOH officials warned lawmakers that expanding the program too much could invite federal scrutiny and a possible shut down of the state’s medical cannabis program.    

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Governor to call special session for public safety legislation this summer

Governor to call special session for public safety legislation this summer

Gov. Michelle Lujan Grisham announced that she will call the Legislature into a special session this summer to address public safety legislation that did…
Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
BLM finalizes controversial public lands rule

BLM finalizes controversial public lands rule

The U.S. Bureau of Land Management finalized its controversial public lands rule on Thursday. This rule is controversial because it allows for conservation leasing…
Haaland signs order protecting sacred lands near Placitas

Haaland signs order protecting sacred lands near Placitas

Interior Secretary Deb Haaland signed an order on Thursday to withdraw more than 4,200 acres of land in Sandoval County near Placitas from mineral…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

Stansbury introduces judicial ethics bill on U.S. Supreme Court steps

U.S. Rep. Melanie Stansbury announced a bill on Thursday that would, if enacted, establish judicial ethics to the U.S. Supreme Court. The Judicial Ethics…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
Effort to challenge six laws enacted last year comes to an end

Effort to challenge six laws enacted last year comes to an end

Earlier this month, the New Mexico Supreme Court denied and dismissed the effort to challenge six laws enacted in 2023. The New Mexico Supreme…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Two PFAS chemicals designated hazardous substances under Superfund law

Two PFAS chemicals designated hazardous substances under Superfund law

The U.S. Environmental Protection Agency released a final rule Friday to designate two types of PFAS chemicals as hazardous substances. Those two chemicals are perfluorooctanoic…
New Mexico Voices for Children has new leadership

New Mexico Voices for Children has new leadership

New Mexico Voices for Children, an organization that focuses on tax policy and how it impacts children in poverty, has new leadership. Gabrielle Uballez…
Abortion fund provider rebrands and holds open house

Abortion fund provider rebrands and holds open house

An abortion fund provider unveiled a rebrand and offered an open house in Las Cruces to celebrate the organization’s new name, mission and values. …

GET INVOLVED

© 2023 New Mexico Political Report