100+ nonresident patients issued three-year cards in first full month since Judge’s ruling 

(Albuquerque) – Patient enrollment in New Mexico’s Medical Cannabis Program reached 78,362 patients as of October 31, 2019, according to data compiled by Ultra Health® and released by the New Mexico Department of Health (NMDOH). October’s enrollment represents an increase of 25% over patient participation in October 2018. 

A total of 130 patients who reside outside of New Mexico have been issued three-year patient cards that allow them to purchase medical cannabis while in the state. The out-of-state enrollment increased by 118 patients during the month of October alone. 

Continue reading “New Mexico Medical Cannabis Program Sees Dramatic Increase in Out-of-State Enrollees”

New Mexico cannabis program open to nonresidents, Texans begin applying for cannabis care

(El Paso) – The New Mexico Department of Health (NMDOH) has begun issuing three-year medical cannabis cards to nonresidents, a majority of which are from Texas. New Mexico is the only state that allows nonresidents to participate in its Medical Cannabis Program, marking the first time a state has recognized the need for continuity and portability for medical cannabis care.

Prospective patients must be seen by a New Mexico practitioner and certified as having one of the state’s 28 qualifying conditions. There is no fee to the state to receive a three-year card, and cards are mailed to qualified patients within 30 days of the submission of the application.

Continue reading “El Paso NORML Director Among First Texans To Get New Mexico Cannabis Card”

Nonresident enrollment expected to surpass tens of thousands of patients over the next year

(Albuquerque) – Patient enrollment in New Mexico’s Medical Cannabis Program reached 77,168 patients as of September 30, 2019, according to data released by the New Mexico Department of Health (NMDOH). September’s numbers represent a 31% increase over enrollment in September 2018.

The newest addition to the patient statistics report is an “Out of State” category, in which 12 patients are listed. The issuance of three-year patient registry cards to out-of-state participants comes after Santa Fe District Court Judge Bryan Biedschied ordered NMDOH to comply with the new statutory language and accept nonresident patients into the program.

The New Mexico Medical Cannabis Program is the first medical cannabis program in the country to allow nonresidents to receive three-year cards and purchase medical cannabis while in the state.

Continue reading “First dozen out-of-state patients accepted into New Mexico Medical Cannabis Program”

Collected fees increase by 30%, while one-third of total plants go unsubscribed due to higher fees 

(Albuquerque) – The 34 licensed cannabis producers in New Mexico’s Medical Cannabis Program paid $3.8 million in plant fees to the New Mexico Department of Health (NMDOH) for the 2019-2020 period by October 4, 2019. This represents an increase of 30% from the fees collected during the 2018-2019 period, even with one less licensed cannabis producer. 

Of the total 59,500 plants available under the newly promulgated 1,750 plant cap per producer, 20,000 plants went unsubscribed due to the substantial fee increase to grow the maximum number of plants. 

Compared to last year’s fee schedule, 18 producers saw plant fee increases of up to 100%. These top producers were responsible for $1.3 million of additional plant fees collected compared to the 2018-2019 period, when total cannabis producer fees totaled $2.9 million.  Continue reading “New Mexico Cannabis Producers Pay $3.8 million in Plant Fees by Deadline”

New plant cap regulation continues to be arbitrary and capricious, violates previous court order 

(Santa Fe) – Ultra Health, New Mexico’s #1 Cannabis Company, and two other medical cannabis producers filed a lawsuit against the New Mexico Department of Health (NMDOH) on Thursday over the newly-promulgated plant count regulation. The case has been assigned to Santa Fe District Court Judge Francis J. Mathew.

NMDOH promulgated the new plant cap, a maximum of 1,750 plants each for 34 producers, earlier this year after a court order struck the former limit of 450 plants per producer. The former cap was found to be arbitrary, capricious, and frustrated the purpose of the Lynn and Erin Compassionate Use Act. 

“Further any plant count, and certainly the 450 plant count, it may not be simply based on outdated and unrelated data in such a manner and means as to violate the Legislature’s directive to provide an adequate supply,” Santa Fe District Court Judge David K. Thomson said in his November 2018 ruling.

The court order required NMDOH to create a plant count regulation that complies with the definition of adequate supply. 

“While it may be true that DOH was delegated the authority to regulate the system of distribution of medical marijuana in this State, it may not create its own arbitrary production number that does not have reasonable nexus in law or fact to adequate supply for patients in the program,” Judge Thompson stated. 

NMDOH failed to conduct the rulemaking according to the standards set out in Thomson’s order and did not provide any factual calculations, reports, or data tables to explain how the 1,750 cap would provide an adequate supply for patients. The only materials NMDOH claimed to support 1,750 plants per producer are riddled with logical holes, unrepresentative data, inferential leaps, contradictions, and poor math. 

The department also failed to promulgate a plant cap regulation that provides for an adequate supply in light of the changes made to the medical cannabis legislation that was signed into law in April. Changes to the law that will require more plant material for patients include nonresident participation in the program, reciprocity, the elimination of the 70% potency cap on concentrates, telemedicine, and the extension to three-year cards. 

Other burgeoning issues that will limit an adequate supply of cannabis statewide include; rapid, year over year growth in enrollment; the need for higher patient purchase limits; the diversification of new cannabis medicines; new qualifying conditions such as opioid use disorder; and the legalization of cannabis for adult-use, an initiative assigned to the 2020 Legislative agenda by Governor Michelle Lujan Grisham. 

Under the 1,750 cap, New Mexico has the most-strict cannabis production regulations of any other state with legalized medical cannabis. Neighboring states such as Arizona, Nevada, Colorado, and Oklahoma do not limit the number of plants a producer may cultivate for medical patients. 

Since the initial plant count lawsuit was filed in August 2016, enrollment in New Mexico’s Medical Cannabis Program has nearly tripled growing from 26,658 patients as of June 30, 2016, to 77,144 patients as of August 31, 2019.

After a recent ruling allowing nonresidents to receive three-year patient registry cards, enrollment is expected to be anywhere from 100,000 to 150,000 total cardholders in the next year. 

The program currently has a robust distribution network of 100 stores statewide, yet the available medicine at each dispensary location is more limited now than when the plant cap lawsuit was originally filed in August 2016. 

Ultra Health triggers nationwide cannabis reform with ruling to allow three-year cards for nonresidents

(Santa Fe) – Santa Fe District Court Judge Bryan Biedscheid affirmed a Permanent Writ of Mandamus court order on Monday, officially eliminating the residency requirement to participate in New Mexico’s Medical Cannabis Program. 

Previously, the New Mexico Department of Health (NMDOH) refused to issue medical cannabis cards to nonresidents due to a possible stay or reconsideration on the issue, despite the judge’s final order to allow nonresidents into the program. Judge Biedscheid denied the respondents’ motions for reconsideration and denied the request to stay the court’s order.

“[The Permanent Writ of Mandamus] is applicable to everyone. I think the law is clear.” Judge Biedscheid stated in the courtroom. “I look to the language of that statute first and foremost to determine legislative intent,” he continued.

Continue reading “Judge Orders Agency to Let Nonresidents Into New Mexico Medical Cannabis Program”

Southern NM rural counties lead rapid growth, Colorado adult-use program impacts growth in north

(Albuquerque) – Patient enrollment in New Mexico’s Medical Cannabis Program reached 77,141 patients as of August 31, 2019, according to data released by the New Mexico Department of Health (NMDOH). August 2019 numbers represent a 34% increase over total enrollees in August 2018. 

The five fastest-growing counties with at least 500 cardholders have each exceeded the industry growth rate by a wide margin. The five fastest-growing counties include: 

1. Otero 58.9%
2. Curry 52.1%
3. Socorro 50.4%
4. Grant 49.6%
5. Doña Ana 43.1%

New Mexico (Total) 33.7%

Continue reading “New Mexico Medical Cannabis Program Enrollment Up 34% Over Last Year”

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.”

Continue reading “New Mexico Judge Orders New Mexico Department of Health to Issue Cannabis Cards to Nonresidents”

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.

Continue reading “New Mexico Medical Cannabis July Patient Enrollment Up 31% Over Last Year”

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”