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. 

Before the Writ was filed, NMDOH refused to issue patient registry cards to nonresidents of New Mexico. The department further clarified their position on the issue in a public communication, stating “New Mexico’s Medical Cannabis Program is only for New Mexico residents. Period.”

If NMDOH objects to the signed writ, they must provide a written response to Judge Biedsheid by August 19, 2019 and appear at the hearing that has been set for 12:15 p.m. on August 21, 2019, in Santa Fe. 

Allowing persons from New Mexico’s neighboring states to participate in the Medical Cannabis Program will have a dramatic effect on patient enrollment and therefore available supply statewide. Specifically, Texans are expected to drive significant demand which will require more available plants in the market. NMDOH is currently conducting a rulemaking process over plant count regulations and LECUA changes. 

“Four of New Mexico’s five border states have their own medical cannabis programs.  The exception, Texas, is home to over 26 million people, roughly two million of whom live within 2 hours of the New Mexico border.  If one percent of Texans living in close proximity to the New Mexico border enroll in the MCP, the program will add 20,000 patients and demand will increase by 18.4 million grams annually,” states a public comment on plant count written by economist Kelly O’Donnell in May of 2019.

The only public hearing on changes to the new proposed Medical Cannabis Program’s rules concluded on July 12, 2019. The hearing officer is expected to issue his report on the proposed rules and public comments within the next week.