A Senate bill that would specify that only New Mexico residents are eligible to enroll in the state’s Medical Cannabis Program is headed to the House.
SB 139, sponsored by Sen. Jerry Ortiz y Pino, D-Albuquerque, passed the Senate floor Saturday night by a 32-8 vote. Ortiz y Pino told other Senate members that the bill is an attempt to “plug the hole” that was created in a bill he sponsored last year that was signed into law.
The bill he sponsored last year, among other changes to the state’s medical cannabis laws, removed the words “resident of New Mexico” from the definition of a qualified patient and replaced them with “person.” Shortly after the law was changed last year, Duke Rodriguez, the president and CEO of medical cannabis producer Ultra Health, along with two Texas residents, took the state to court after the three were denied medical cannabis patient cards. Rodriguez is an Arizona resident, but according to court documents owns a home and vehicle in New Mexico. Arizona has a medical cannabis program and Texas has a medical program with limited conditions and only allows cannabis with half a percent of THC—a psychoactive substance in cannabis.
After a state district judge ruled in favor of the three petitioners, Gov. Michelle Lujan Grisham’s office and the Department of Health took the issue to the Court of Appeals, where it remains pending.
Sen. Jeff Steinborn, D-Las Cruces, took issue with the bill and repeated some of the same concerns he brought up in a previous committee hearing. He told a story about a friend of his who suffered through cancer treatment and was unable to benefit from medical cannabis because he lived in Texas.