The New Mexico Ethics Commission effectively dismissed a complaint filed by a state cabinet secretary against a state senator.
In a letter to New Mexico Department of Health Secretary Tracie Collins, the commission’s executive director Jeremy Farris wrote that the commission would not consider Collins’ complaint against Democratic Sen. Jacob Candelaria of Albuquerque as the issue is out of the purview of the Ethics Commission. According to Farris’ letter, Collins accused Candelaria of violating the state’s Governmental Conduct Act “by voting on a bill that clearly affected the outcome of a litigation matter concerning [Candelaria]’s client, and filed by [Candelaria].”
The bill in question was SB 340, a failed proposal in the regular legislative session that aimed to limit medical cannabis reciprocity. The client in question is medical cannabis producer Ultra Health, which has taken the department to court numerous times and is currently suing the state over medical cannabis plant limits. The latest suit from Ultra Health also accuses the department’s former secretary of discriminating against the medical cannabis producer.
But the litigation Collins mentioned in her complaint against Candelaria is a suit from Ultra Health that alleged the Department of Health erroneously implemented an emergency rule to limit medical cannabis reciprocity. In 2019, the Legislature passed a law that allowed registered medical cannabis patients from other states to purchase, use and possess medical cannabis in New Mexico.