NM JUDGE ORDERS NMDOH TO ISSUE MEDICAL CANNABIS CARDS TO NON RESIDENTS

Judge rules New Mexico residency is not required for medical cannabis patient eligibility 

(Santa Fe) – Santa Fe District Court Judge Bryan Biedscheid has officially ordered the New Mexico Department of Health (NMDOH) to issue patient registry cards to individuals who reside outside of New Mexico after signing a Writ of Mandamus earlier this month.

The ruling is the result of an update made to the Lynn and Erin Compassionate Use Act during the 2019 Legislative Session that changed the definition of a qualified patient from a “New Mexico resident” to a “person.”

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Lack of outreach has caused dismal patient enrollment for new qualifying conditions

(Albuquerque) – Patient enrollment in New Mexico’s Medical Cannabis Program reached 76,032 patients as of July 31, 2019, according to data released by the New Mexico Department of Health (NMDOH). These numbers represent a 31% increase over enrollment in July of 2018.

Conditions such as PTSD, chronic pain, and cancer have continued to drive the overall program growth rate by 31%.  However, a lack of outreach and education has led to dismal patient participation for the new qualifying conditions.

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NMDOH must perform its ministerial duty in accepting patient applications from out-of-state residents

(Santa Fe) – Santa Fe District Court Judge Bryan Biedscheid signed a Writ of Mandamus on Monday, officially ordering the New Mexico Department of Health (NMDOH) to allow out-of-state residents to participate in New Mexico’s Medical Cannabis Program. 

The signing comes after two plaintiffs from Texas and one from Arizona applied for patient status in the program after the updated Lynn and Erin Compassionate Use Act (LECUA) no longer listed New Mexico residency as a requirement to be a qualified patient. NMDOH attempted to put the plaintiff’s applications on hold because they did not provide a New Mexico address or driver’s license with their application. The Writ of Mandamus contends NMDOH may not ask for any driver’s license nor require potential patients must be residents of New Mexico, per the statute. 

Continue reading “New Mexico Judge Signs of Writ of Mandamus on Medical Cannabis Residency Issue”