State agency must designate Ultra Health’s outstanding and future stores per judge’s order

(Bernalillo) – Chief Judge Louis P. McDonald of the Thirteenth Judicial District has ordered the New Mexico Department of Health (NMDOH) to properly designate Ultra Health’s outstanding and future locations after the licensed provider filed a Writ of Mandamus in August.

Ultra Health, New Mexico’s #1 Cannabis Company, has been awaiting designation for several locations, including those in Albuquerque’s North Valley, Los Lunas, Española, Farmington, Deming, Las Cruces, Sunland Park, and Roswell for several months.

The judge ruled the issuance of amendments for new dispensary locations to a licensed producer is a ministerial function in which NMDOH does not have discretion.

The judge’s order requires NMDOH to execute its ministerial duty in:

• Designating Ultra Health’s Los Lunas and Española stores immediately;
• Issuing license amendments to Ultra Health in response to “any and all past/future applications for additional distribution locations that meet the statutory criteria;” and
• Processing future license amendments submitted by Ultra Health in a timely and legally compliant manner.

“Once again, NMDOH has attempted to give themselves authority which has not been lawfully granted by the Legislature,” said Duke Rodriguez, CEO and President of Ultra Health®. “We are pleased with the judge’s decision and look forward to serving even more New Mexicans by providing safe, affordable, and convenient medication to the many deserving communities.”

Ultra Health currently operates 9 dispensaries and plans to have 20 fully operational cannabis dispensaries serving 14 counties by Spring of 2019.