A state District Court judge has found that emergency rules recently enacted by the Department of Health for patients in other states’ medical cannabis programs who are seeking enrollment in New Mexico’s program are unenforceable.
New Mexico Top Organics Ultra Health — the state’s largest licensed medical cannabis producer — had challenged the rules in a lawsuit last month. The complaint said the department had overstepped its authority by making new rules that made it harder for people enrolled in medical cannabis programs in other states to enroll in New Mexico’s program through what are known as “reciprocity” provisions.
Ultra Health argued the new rules were created without a public process required by law and imposed barriers on patients that were not intended by the state Legislature.
For example, one of the rules required a patient’s government-issued ID to be from the same jurisdiction that issued the cannabis card,