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.”

Two petitioners from Texas and one from Arizona applied for patient status in New Mexico’s Medical Cannabis Program in June after the updates to the law became effective June 14, 2019. NMDOH attempted to put the petitioners’ applications on hold because they did not provide a New Mexico address or driver’s license with their application. 

Now, NMDOH must issue patient registry cards to the three petitioners and any other person who qualifies under the Act and submits an application. 

“This is a clear victory for New Mexicans, Texans, and medical cannabis as a whole,” said Duke Rodriguez, CEO and President of Ultra Health®. “New Mexico is making history by paving the way for medical cannabis care to be treated as the equivalent to any other form of healthcare.”

The judge’s order will unquestionably effect adequate supply in the Medical Cannabis Program and propel patient enrollment to unprecedented levels.

“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.