Judge: New Mexico cannabis rules not supported by evidence – Santa Fe New Mexican

New Mexico’s largest medical cannabis producer is getting to be a real buzzkill for the state Department of Health.

New Mexico Top Organics-Ultra Health — which has won several legal battles with the agency that runs the state’s medical cannabis program — was handed another victory recently when a state district judge ruled directives the department created last summer weren’t supported by evidence.

District Judge Bryan Biedscheid issued an order Friday repealing the regulations and ordering the department to rewrite them.

Biedscheid wrote in his order he hoped his findings and conclusions would provide guidance to the Health Department, which would prevent the issue from being sent back to the court.

A Department of Health spokesman wrote in an email the agency does not comment on pending litigation, but noted, “We are aware of the decision and are reviewing options.”

Ultra Health Chief Executive Officer and President Duke Rodriguez

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