A department spokesman said the agency has no immediate plans to lift the cap, which allows producers to grow up to 450 marijuana plants at a time. The spokesman, David Morgan, declined to comment on Sena’s lawsuit.

New Mexico Top Organics-Ultra Health Inc., a licensed cannabis supplier in the state, is the second plaintiff in the suit against the Department of Health, according to a news release from the company. A spokeswoman said the company became involved to help Sena compile facts in the case.

The type of cannabis that relieves the type of seizures from which Sena’s daughter suffers is called Haleigh’s Hope, a strain low in the compound that produces psychotropic effects, according to the lawsuit. The drug has completely ended the baby’s seizures, allowing her to develop mentally, the lawsuit states.

But to buy the drug, Sena says in the complaint, she often has to leave the state. The treatment is hard to find in New Mexico because suppliers here are prevented from growing enough marijuana plants to create the concentrated oil, which requires at least four times more raw plant material than other specialized products, according to the lawsuit.

The lawsuit says the state’s cap on marijuana production is arbitrary, and isn’t based on “practical, scientific or economic data.”

“Unfortunately, the new plant limits guarantee that the Program will never allow enough cannabis to be produced to ensure an adequate supply,” the lawsuit states.