A licensed medical marijuana producer and a caregiver in New Mexico have sued the state over the mandated 450 plant limit, arguing it’s not enough to meet medical demand.
The lawsuit, filed in Santa Fe County Court by dispensary chain Ultra Health and caregiver Nichole Sena, argues the cap is causing direct harm to Sena’s daughter by not allowing the pair to grow enough plants to produce the CBD medicine the child needs to control epileptic seizures.
The suit was filed against the New Mexico Department of Health, and aims to eliminate the plant limit or increase it by at least 600%, the Courthouse News Service reported.
The suit contends the current limit works out to less than one plant per registered patient in the state, which isn’t enough medicine for every patient.
A spokesman for the department of health told the Santa Fe New Mexican there are no immediate plans to increase the cap, and declined to comment further.