By Colleen Heild / Albuquerque Journal

Published on September 8, 2016

ALBUQUERQUE, N.M. — “Dorothy,” a 3-week-old female medical cannabis plant, made her debut at the opening day of the New Mexico State Fair on Thursday but was booted out before the day’s end.

The plant was on display at a booth paid for by New Mexico Top Organics — Ultra Health LLC.

Her presence was advertised in a company press release as only the second time a cannabis plant has made an appearance at a state fair in the United States, given that marijuana is still illegal at the federal level and is authorized in New Mexico for certain medical conditions.

“We hope that the fair will raise the profile of medical cannabis as an agricultural asset in New Mexico, similar to the Hatch green chile, pecans and piñon nuts,” Duke Rodriguez, CEO of Ultra Health, one of the state’s 35 licensed medical marijuana producers, said in the press release.

But after Ultra Health set up the booth, a State Fair manager told Rodriguez that “there has been a huge mistake” and asked him to remove the plant, together with printed materials that contained images of cannabis plants, Rodriguez said in a phone interview late Thursday. Initially, State Fair personnel agreed to let the booth remain through the end of the day.

But a State Police officer later approached Rodriguez and said he needed to remove the plant and other items immediately, he said.

Ultra Health had signed a contract with the New Mexico State Fair and paid a $2,000 fee for a booth, Rodriguez said. “We disclosed the items that would be there, including a plant,” he said.

David Morgan, public information officer for the state Department of Health, said the department plans to investigate because the production of medical cannabis is supposed to occur in a secure facility approved by the state.

“We are looking into the matter and will take appropriate action, which can include suspending their business operation or other disciplinary action,” Morgan said in an email to the Journal.

By Olivier Uyttebrouck / Albuquerque Journal

Published on September 1, 2016

ALBUQUERQUE, N.M. — Duke Rodriguez’s plan to build a statewide chain of cannabis retail stores has hit a snag.

Rodriguez, owner of Ultra Health LLC, contends that state regulators have slow-tracked his request to open at least 14 new stores, most located in communities that now lack dispensaries.

“We’re just caught in this limbo with no formal response,” Rodriguez said this week. “We have met every single request that they have presented, including evidence that we were able to secure product.”

Ultra Health, which operates a medical cannabis growing site in Bernalillo, has purchased cannabis from two other producers, and has agreements to buy from four others, he said.

Ultra Health, which now operates six dispensaries in four cities, submitted requests in May, June and July for additional dispensaries in 13 cities.

Most are located in communities with no existing cannabis retailers, including Silver City, Deming, Carlsbad, Socorro, Truth or Consequences, Truth or Consequences, and Bernalillo County’s South Valley.

The New Mexico Department of Health this week denied that it has delayed Ultra Health’s requests, saying the agency “carefully reviews and evaluates” applications for new dispensaries.

Ultra Health’s applications are among 18 requests for new dispensary locations now under review, DOH spokesman David Morgan said in a written statement.

The agency’s concerns about Ultra Health’s expansion center on the issue of adequate supply, according to an email sent by the DOH to Ultra Health officials.

“Your amendments for additional dispensaries center on one issue, adequate supply,” according to the July 22 email, which Rodriguez provided to the Journal.

DOH last year increased the number of cannabis plants producers can grow to a maximum 450 plants, up from the previous cap of 150.

Because of the 450 plant maximum, “it would be extremely difficult, even under optimal conditions and an ideal production cycle, to adequately serve the needs of even six dispensaries with that plant count,” the email said.

Rodriguez said he subsequently provided DOH with agreement letters with six other cannabis producers that he said show that Ultra Health could obtain adequate supplies.

To date, Ultra Health has purchased a total of 22 pounds of cannabis from two other New Mexico producers, he said. Rodriguez declined to identify his suppliers.

Ultra Health and a cannabis patient filed a lawsuit against DOH last month alleging that the 450 plant maximum has created “a dire situation” for medically fragile patients who can’t find the products they need.

State records show that since June 2012, plant production has increased 174 percent through June 30, but the number of cardholders increased 280 percent to 26,568 in the same four-year period.

By Andy Lyman / The NM Political Report

Published on August 22, 2016

TAOS — Medical cannabis patients, producers and advocates met with a legislative committee Monday afternoon to discuss issues New Mexico’s medical marijuana program. About 50 people gathered in the Taos County Commission Chambers for a Legislative Health & Human Services Committee for an opportunity to hear from New Mexico Department of Health Secretary-Designate Lynn Gallagher regarding patient card wait times, provider plant limits and organizational issues within the department.

Gallagher defended the program, which has been under fire for long wait times for medical cannabis cards, and told legislators her department was making progress in improving the medical cannabis program by increasing plant limits and how much marijuana patients can possess.

“We’re not perfect but we are moving in a forward, positive direction,” Gallagher told lawmakers.

The entire committee meeting lasted more than five hours and only covered medical marijuana, but in the last hour, lawmakers asked pointed questions about the program and Gallagher’s plans for the future.

Besides announcing that the department was in the process of hiring more employees, Gallagher announced the new director of the medical cannabis program—former public information officer Kenny Vigil.

Sen. Craig Brandt, the only Republican member of the committee to attend the meeting, addressed the handful of patients in the audience.

“I feel your pain, literally,” the senator from Rio Rancho, who suffers from chronic pain, said. Brandt also addressed the fact that lines are blurred as to what is in state statute and what is department rule.

“I would really like a list of what is required by law and what is being required by rule,” Brandt told Gallagher.

Rep. Debbie Armstrong, D-Albuquerque, said a majority of the issues brought up during the meeting would not require legislation and could be changed internally within the DOH.

“Almost everything we’ve talked about today is in rule, not in statute,” Armstrong said.

Armstrong also took the opportunity to criticize plant limits, saying products made from THC concentrate take more plants than producers are currently allowed to grow.

“By restricting the plant count you’re also restricting innovation,” Armstrong said.

Willie Ford, a medical cannabis producer, spoke to the panel and said while there is room for improvement from the department, he has a “very positive” relationship with DOH.

Still, Ford criticized the program and DOH for not including more stakeholders in business discussions.

Duke Rodriguez (L) and Willie Ford

“What’s missing right now is a very crucial component,” Ford said. “A committee that brings in experts from the field.”

Ultra Health CEO and President Duke Rodriguez presented the panel with figures that show there is a shortage of cannabis for the amount of patients in New Mexico.

Numbers, Rodriguez argued, paint a more accurate picture of the medical marijuana program in New Mexico.

Rodriguez told committee members of three things that are difficult to hide.

“The moon, the sun and the truth,” Rodriguez said.

Gallagher and the DOH came under fire from legislators earlier this month for not showing up to a meeting to discuss extended wait times for patient cannabis cards.

Gallagher addressed wait times last week by announcing that DOH extended certifications for expired cards. Some patients took an opportunity to criticize the department for the wait times and Gallagher personally for not staying to listen to patients’ concerns.

Gallagher and other DOH staffers, including Vigil, left the meeting before the public comment period.

Tulima Mauga, a medical cannabis patient, tearfully told lawmakers about her numerous conditions that are helped by treating with marijuana. She said she took issue with Gallagher leaving before she and other patients could air their concerns.

“Where’s the secretary that said she would be here to listen to me?” Mauga asked the committee members. “At least you’re here.”

By Deborah Baker / Albuquerque Journal

Published on August 18, 2016