SANTA FE, N.M., Oct. 13, 2020 (GLOBE NEWSWIRE) — PRESS RELEASE — Ultra Health, a New Mexico cannabis company, has successfully filed a Writ of Mandamus against the New Mexico Department of Health (NMDOH) asking the court to rescind an NMDOH mandate that added additional requirements for reciprocal patients to participate in the New Mexico Medical Cannabis Program.
Santa Fe District Court Judge Matthew Wilson prepared the Writ and signed it on Oct. 13, 2020, invalidating the NMDOH mandate and Emergency Rule that attempted to disallow qualified reciprocal participants from accessing New Mexico’s Medical Cannabis Program.
“Neither the Legislature, by statute, nor the DOH, by rule, required that a reciprocal participant’s government-issued identification and medical cannabis proof of authorization be issued by the jurisdiction where the participant lives, or that the reciprocal participant must produce a medical cannabis card as the only acceptable proof of authorization in order to obtain reciprocal admission into the New Mexico medical cannabis program,” Judge Wilson wrote in the Writ.
Moreover, Judge Wilson found that the Emergency Rule that was filed by NMDOH on Oct. 8, the day before the scheduled Writ hearing on Oct. 9, is unenforceable.
“By the term ‘imminent peril’ or ‘danger’ is meant a place where there is certain danger – not a place where there is just a mere possibility of injury occurring … The DOH’s justification for their emergency rule is inadequate,” Judge Wilson continued. “As a result, the DOH is in violation of the State Rules Act and the emergency rule is unenforceable.”
The court has commanded NMDOH to:
1. “Allow licensed cannabis producers to authorize and sell medical cannabis to reciprocal patients whose government-issued identification and proof of medical cannabis program authorizations are used by different jurisdictions or the same jurisdiction;
2. Allow licensed cannabis producers