New Mexico judge says DOH will have to issue medical cannabis cards to out-of-state residents

A state district court judge on Monday ordered the state’s Medical Cannabis Program to start issuing medical cannabis cards to individuals who qualify, regardless of where they live. 

The question of whether non-residents of New Mexico could become medical cannabis patients started when major changes to the state’s medical cannabis law went into effect. One minor word replacement drastically changed who could become a patient, argued Duke Rodriguez, president and CEO of medical cannabis producer Ultra Health. Before July 2019, the law stated that qualified patients must be a resident of New Mexico. Now, the law defines a qualified patient as a “person.” Rodriguez’s company bought both internet and radio ads promoting the change. But the Department of Health, which oversees the Medical Cannabis Program, along with the governor and at least one legislator, argued the intention of the law was never to open the program up to non-residents. 

Now, barring a compelling argument from DOH, the state could be forced to expand eligibility to anyone from across the country. 

The law is clear

In his ruling Monday morning, Santa Fe district Judge Bryan Biedscheid wrote that the law is clear. [Read more at New Mexico Political Report]