A state district judge has ruled that out-of-state residents will be able to participate in New Mexico's Medical Cannabis Program, which will impact the supply and demand.Santa Fe District Court …
A state district judge has ruled that out-of-state residents will be able to participate in New Mexico's Medical Cannabis Program, which will impact the supply and demand.
Santa Fe District Court Judge Bryan Biedscheid on Monday (Aug. 5) ordered the New Mexico Department of Health to allow out-of-state residents to participate in New Mexico's program.
The order comes after two plaintiffs from Texas and one from Arizona applied for patient status in the program. The Department of Health attempted to put the plaintiffs' applications on hold because they did not provide a New Mexico address or driver's license with their application. The judge's Writ of Mandamus (i.e., "an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion") argues the state cannot ask for a driver's license nor require that potential patients must be residents of New Mexico under state law.
The state has until Aug. 19 to file a written response if it objects to the signed writ and must appear at a hearing that has been set for 12:15 p.m. on Aug. 21, in Santa Fe.
The ruling is expected to impact New Mexico's supply. Texas does not have a legal medical cannabis program. About two million Texans live within a two-hour drive of New Mexico.
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