ULTRA HEALTH WINS FAVORABLE RULING, JUDGE INVALIDATES NEW CANNABIS REGULATIONS
Judge invalidates Department of Health rules on license revocation, hemp, and testing due to lack of evidence
(Santa Fe) – Ultra Health, New Mexico’s #1 Cannabis Company, won a favorable ruling on regulations promulgated by the New Mexico Department of Health (NMDOH) in June 2020. The regulations – including the strictest testing requirements in the United States, arbitrary restrictions on hemp activities, and suspension or revocation of a license without notice – were all invalidated by Santa Fe District Court Judge Bryan Biedscheid.
Judge Biedscheid invalidated the rules after NMDOH failed to consult the Medical Cannabis Advisory Board regarding the new regulations and failed to provide substantial evidence to support the changes.
Ultra Health and several other medical cannabis industry operators filed a petition under Rule 1-075 NMRA, which authorizes appeals from administrative decisions. Rule 1-075(R) NMRA requires that the Court analyze whether the decision of the agency is supported by substantial evidence, or evidence that is relevant and that a reasonable person may accept as adequate to support a conclusion.
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