A New Mexico district judge ruled in April that state health officials went too far when they punished a medical marijuana producer for showing off a cannabis plant at the 2016 State Fair, and now there’s a new twist involving the Court of Appeals.
Here’s what you need to know:
- The state DOH originally ordered the company to close for five consecutive days, including 4/20.
- The nonprofit marijuana producer then filed a petition saying the closure would result in a $150,000 loss and deprive patients of medicine.
- State District Judge David K. Thomson of Santa Fe found that Ultra Health had no legal permission to take a seedling out of the company’s production facility to be displayed at the Albuquerque fairgrounds in 2016.
- However, he also found that under the state’s rules, the proposed five-day suspension of the company’s MMJ sales and distributions was “arbitrary, capricious and lacks foundation.”
Thomson reduced the sanction to a closure of two days. The company plans to close June 17 to clean trash along a highway as part of its community service and will close another day in July.
A DOH spokesperson told the Journal the agency doesn’t comment on pending litigation.