Judge overrules state over New Mexico medical marijuana reciprocity

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A New Mexico judge rescinded new state requirements that made it more difficult for certain out-of-state visitors to access the medical cannabis program through a reciprocity provision.

Santa Fe District Judge Matthew Wilson, in a ruling Tuesday, agreed with Ultra Health, the state’s leading MMJ operator, that the additional requirements went beyond New Mexico statute and are unenforceable.

The judge’s ruling could result in an increase in sales for medical marijuana retailers in New Mexico.

The emergency amended rule, which went into effect Oct. 8, increased the requirements such as proof of authorization for individuals from other states and tribal lands.

Ultra Health noted in a news release that some reciprocity participants had been denied access to medical cannabis and that the state, per the judge’s order, would need to re-enroll those individuals.

“Once again, the (New Mexico health department) has attempted to circumvent the Legislature to deny cannabis care to qualified individuals,” Duke Rodriguez, CEO and president of Ultra Health, said in the news release.

“Thankfully, the court has recognized the merits of the legislative public policy that allows individuals participating in any other medical cannabis programs to access cannabis care in a seamless manner while in New Mexico, similar to any other prescription medication.”