In a big win for New Mexico’s medical marijuana producers, a district judge called arbitrary a state-imposed limit on the number of plants cultivators can grow as part of their licensed operations – a decision that could boost MMJ supplies and lower prices.
Judge David Thomson, in a ruling issued Friday, struck down the New Mexico health department’s 450-plant limit on producers.
The cap was said to be responsible for higher-than-average medical marijuana prices.
In April, Marijuana Business Daily reported that even trim was fetching up to $450 a pound wholesale and ounces of flower were retailing for almost $300.
There have long been concerns about shortages as the population of licensed patients has grown exponentially. As of September, the state had nearly 59,000 active patients.
The judge set a deadline for the state to study the issue and establish a new plant count that complies with the legislative mandates that guide New Mexico’s medical marijuana program.
It wasn’t immediately clear if the state would appeal.
The ruling stems from a lawsuit that alleged the agency wasn’t fulfilling its obligations to ensure an adequate supply of medical marijuana.
– Associated Press and Marijuana Business Daily