DOH and Medical Cannabis Program ordered back to court over reciprocity issue

The New Mexico Department of Health and its Medical Cannabis Program have two weeks to convince a state district court judge that the department and program should not be sanctioned for violating a court order. 

The order is the latest in a legal battle between medical cannabis producer Ultra Health and the state over who qualifies as a reciprocal medical cannabis patient. 

This summer, the Department of Health finalized rules allowing patients who are authorized to use medical cannabis in another state or jurisdiction to also buy, use and possess cannabis in New Mexico. Shortly after the rule was made final, some New Mexicans reportedly started getting certified to use medical cannabis in other states that don’t have as stringent qualifications as New Mexico. 

By September, the department and the Medical Cannabis Program issued a mandate that dispensaries only sign up would-be reciprocal patients whose identification cards match their authorization to use medical cannabis. The department and program also issued an emergency rule change, specifying that New Mexicans cannot be reciprocal patients in New Mexico. 

Ultra Health, through its attorney Jacob Candelaria, who is also a state senator, days later filed a petition asking First Judicial District Court Judge Matthew Wilson to compel the state to “stop taking actions that are beyond and contrary to their statutory authority.”

By October, Wilson ordered the state to rescind its emergency rule change and mandate barring New Mexicans from registering as a medical cannabis patient in another state and becoming reciprocal patients in the New Mexico program. 

The department and medical program immediately abided by the order and again allowed New Mexico residents to register as reciprocal patients. 

But by the end of October, the Medical Cannabis Program published a notification of a proposed rule change similar to the emergency change. Then, earlier this month, the state notified the court of its plan to appeal Wilson’s decision. Two days later, Candelaria filed a motion asking Wilson to call the state back to court and explain why they should not be sanctioned for violating the judge’s order.

State district court judge dismisses NM GOP suit against Secretary of State, two county clerks

A Santa Fe state district court judge dismissed a lawsuit filed by the Republican Party of New Mexico against the New Mexico Secretary of State and two county clerks on Thursday. 

The suit alleged that both the Taos and Guadalupe County clerks’ offices were not adequately monitoring absentee ballot drop boxes and requested that a judge issue a temporary restraining order, followed by a permanent injunction to “either immediately discontinue the use of drop boxes or ensure that they are made inaccessible to the public during non-polling hours and kept continuously, directly monitored by at least two bipartisan election officials during polling hours.”

Lawmaker says public schools need more funding

If state Sen. Bill Soules had his way, New Mexico would invest an extra $375 million in public schools right now. Where the cash-strapped state would find that money is another matter altogether. Soules, a Las Cruces Democrat, has once again introduced legislation calling for the state to follow the recommendation of a decadeold study and funnel hundreds of millions of dollars more into its public education system — one that generally ranks at or near the bottom in most national reports. But Soules’ bill doesn’t have a chance in the upcoming legislative session. And he knows it.

Legislature sues governor, says ten vetoes are invalid

The Legislature asked a state district court Monday to invalidate 10 vetoes by Gov. Susana Martinez of bills state lawmakers passed during this year’s regular session. The petition filed with the First Judicial District Court in Santa Fe came after the Legislative Council voted to approve it earlier this year. A spokesman for the governor said the legal challenge is “another example of out-of-touch Santa Fe trial lawyers wasting time and taxpayer money going to court when they don’t get what they want.”

Democrats say Martinez violated the state constitution by not explaining why she vetoed the 10 bills. The complaint describes the two categories of vetoes:  Half of the bills were vetoed within three days after being presented to the governor. But the governor did not include her “objections” as required  by the state constitution.

State faces suit over absences hurting teachers’ evaluations

A teacher from a rural New Mexico school district is suing the state over its policy on teacher absences. The teacher says the Public Education Department’s policy of punishing teachers on evaluations after their third absence should be changed. PED has since amended that punishment to six school absences per school year. PED Secretary Hanna Skandera responded to the lawsuit with a very short prepared statement. “We received the lawsuit,” she said.

DOH and cannabis producer have their day in court

A New Mexico state agency and a medical cannabis company argued in a state district court Monday morning whether the state’s punishment of the company was warranted. Santa Fe District Court Judge David Thompson heard from both the state’s Department of Health (DOH) and a lawyer representing medical cannabis producer New Mexico Top Organics-Ultra Health about whether the company will have to shut down retail operations for five days later this month. The department claims Ultra Health violated the state’s medical cannabis program rules by moving a plant out of their approved growing and retail facilities and into the public. The pending sanction is a result of a cannabis plant Ultra Health used in an exhibit at the New Mexico State Fair last September. The plant Ultra Health brought to the State Fair was non-flowering, meaning it was not mature enough to be used for consumption..

Legislative staff must turn over docs in corruption case

A district judge ruled Tuesday that New Mexico legislative staff must turn over some documents to the Attorney General Hector Balderas’ office. The AG’s office sought documents related to a criminal case against former Senator Phil Griego. Second Judicial District Judge Brett Loveless ruled that some documents and information requested by the AG’s office through subpoenas are susceptible to inspection after Legislative Council Service argued against it. Loveless ruled that “LCS has no constitutional privilege to refuse to produce the materials.”

This comes after the AG’s office and LCS sparred over whether legislators and legislative staff should be subject to subpoenas requiring their testimony. These documents include many documents related to the Interim Legislative Ethics Committee, which itself investigated Phil Griego for the violations of Senate Rules and the state constitution that led to his resignation from the state senate in 2015.

Legislators join battle over immigrant tax returns

Legislators joined the dispute between an immigrant rights group and the state Taxation and Revenue Department. State Rep. Miguel Garcia and State Sens. Jerry Ortiz y Pino and Richard Martinez, all Democrats, sided with the immigrant rights group Somos un Pueblo Unido and MALDEF. The groups say that TRD is illegally withholding tax returns from immigrants who are in the country illegally. The TRD secretary says that the efforts are legal and necessary to root out fraud in tax returns.

ACLU suit seeks to end testing ‘gag rule’

A lawsuit challenges a ban on “disparaging” school tests by public education students that has been called a “gag rule” in the past. The American Civil Liberties Union of New Mexico filed the lawsuit in First Judicial District Court Wednesday morning on behalf of six public schools teachers and one parent of a student in public schools. A regulation from the state Public Education Department (PED) says that public education employees cannot “disparage or diminish the significance, importance or use of standardized tests.” Penalties for violating the provision include “suspension or revocation of a person’s educator or administrator licensure or other PED license.”

The ACLU of New Mexico says that this runs counter to the rights of teachers and students under the New Mexico Constitution. The suit seeks an injunction to stop the enforcement of the rule. “The Public Education Department can’t enact sweeping restrictions intended to intimidate teachers and silence viewpoints that they don’t like,” ACLU of New Mexico Staff Attorney Maria Sanchez said in a statement.

Eighth time’s the charm: Finally a judge, hearing date for Griego case

After a spate of recusals by judges, a district court judge finally accepted the corruption case involving a former state Senator. District Court Judge Sarah Singleton will take the case of Phil Griego, who is charged with ten counts related to corruption while he was in office. Griego resigned from the Senate last year because of a land deal. The judge set an initial hearing for April 4 at 8:15 a.m. according to nmcourts.gov.

Singleton was the eighth judge to be assigned the case; the previous seven recused themselves from the case. Since NM Political Report last wrote about the case on Thursday, two additional judges—Raymond Ortiz and Francis Mathew—recused themselves.