News & Blog

News & Blog

New Mexico inmates’ right to medical marijuana affirmed

Michael Gerstein / Santa Fe New Mexican
Published on January 1, 2021

A state district judge in Albuquerque ruled this week that Bernalillo County’s Metropolitan Detention Center must allow qualifying patients access to medical marijuana, in a victory for advocates that could have far-reaching implications for jails and prisons.

It was unclear whether correctional facilities statewide would voluntarily comply with the ruling. But state Sen. Jacob Candelaria, D-Albuquerque, an attorney who represented a defendant in the DWI case that led to the decision, said he intends to send notice to jails and prisons asking them to comply.

Candelaria said the ruling issued Tuesday creates a clear precedent that patients — even those who are incarcerated — must be allowed access to medical cannabis regardless of whether they’re at home or in a prison cell.

 

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Incarcerated Patients Have A Right To Use Medical Marijuana, New Mexico Judge Rules

Kyle Jaeger / Marijuana Moment
Published on January 1, 2021

New Mexico judge has ruled that medical marijuana patients cannot be punished for using cannabis while incarcerated.

In a potentially precedent-setting case, District Court Judge Lucy Solimon granted a motion for declaratory judgement and petition for writ for Joe Montaño, who was penalized after correctional officers discovered marijuana in his possession while serving a 90-day sentence in home confinement.

The judge said that New Mexico’s medical cannabis law broadly protects registered patients, and those protections extend to people serving time in jails or prisons.

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How much green would recreational cannabis bring?

Stephen Hamway / Albuquerque Journal
Published on December 27, 2020

ALBUQUERQUE, N.M. — During a legislative session where funds are expected to be at a premium, state lawmakers may look seriously at raising revenue through a controversial source: recreational cannabis.

However, lawmakers and industry advocates disagree on just how much the industry might bring to New Mexico. Some see a potential windfall for a state looking to diversify its economy, an industry that could generate up to $800 million in sales annually.

“No other state in the entire country is better postured, better positioned to succeed at legalization than New Mexico,” said Duke Rodriguez, founder of Ultra Health, the largest chain of dispensaries in the state.

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New Mexico’s medical marijuana sales rise as prospects for recreational legalization improve

Jeff Smith/ MJ Biz Daily
Published on December 10, 2020

New Mexico’s medical marijuana sales have nearly doubled in the past two years despite strict plant-count limits, and the state might be better positioned to legalize recreational cannabis after neighboring Arizona did so last month.

Marijuana Business Daily projects an adult-use cannabis market in New Mexico could generate $350 million in annual store sales by its fourth year of operation.

The state’s MMJ sales, meanwhile, are rising. Fueled by the coronavirus pandemic and patient growth, sales are on pace to reach around $200 million this year.

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New Mexico Panel Recommends Raising Medical Pot Plant Count

Susan Montoya Bryan / Associated Press
Published on December 9,  2020

An advisory board is recommending that New Mexico clear the way for licensed medical marijuana producers to grow more plants.

ALBUQUERQUE, N.M. (AP) — An advisory board recommended Wednesday that New Mexico clear the way for licensed medical marijuana producers to grow more plants amid persistent concerns about the high costs of cannabis and the lack of variety for patients across the state.

The board during an online meeting voted to recommend that the state health secretary consider increasing the current plant count.

The vote came in response to a petition that sought to either eliminate the limit altogether or significantly increase the number of plants that can be grown by each producer.

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New Mexico Medical Cannabis Enrollment Surpasses 100,000 Patients Statewide

Despite record milestone, cultivation limits prevent adequate supply and increase costs of medicine for patients

(Albuquerque) – Patient enrollment in New Mexico’s Medical Cannabis Program reached 100,021 patients as of October 31, 2020, according to data released by the New Mexico Department of Health (NMDOH). This represents an increase of 21,659 patients or 28% over October 2019 enrollment. Patients choose Ultra Health as their preferred cannabis provider 5 to 1. The operator has 21 locations statewide. 

New Mexico currently has a patient penetration rate of 6% of all adults. Enrollment in the program has substantial room to grow, as neighboring Oklahoma has a patient penetration rate of 12% of adults statewide. 

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New Mexico Medical Cannabis Program on Track to Break $200M Before Year End

Third-quarter patient sales up 62% over same period last year, COVID-19 continues to impact demand

(Albuquerque) – Combined patient sales from the 34 licensed producers in New Mexico’s Medical Cannabis Program totaled $55 million for the third quarter of 2020, an increase of $21 million or 62% over reported patient sales in the third quarter of 2019. Ultra Health topped all producers in the quarter with $12 million in patient sales.

The program enrolled 98,507 patients as of September 30, 2020, an increase of 27% over September 2019 enrollment. A total of 8,565 pounds of cannabis flower was sold to patients during the third quarter of the year, representing an increase of 41% over total pounds sold in the third quarter of 2019.

The increased demand experienced through the third quarter of 2020 indicates the COVID-19 pandemic continues to exacerbate medical cannabis shortages in New Mexico’s program identified earlier this year.

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Hempire: New Mexico’s fledgling hemp industry might fall behind if the state and federal governments don’t catch up

Julie Ann Grimm / Santa Fe Reporter
Published on October 21, 2020

The 2 million hemp plants waving in a field outside Moriarty under the September sun weren’t part of the plan.

But when nature does its work and seedlings show up on the job, farmers go with it.

At least these farmers did.

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New Mexico Judge Wants To Loosen Medical Cannabis Reciprocity

Addison Herron-Wheeler / High Times Magazine
Published on October 15, 2020

Reciprocity has long been an issue in the state of New Mexico, and one that has been up for debate for some time. Now, a district court judge wants to make a change to current law, ruling that reciprocal medical cannabis patients should be able to access cannabis even if they have a recommendation to use medical cannabis from another state.

If this ruling passes, those with New Mexico medical cannabis cards will be able to get cannabis in other states that allow reciprocity, and those with cards from other states will be able to get cards in New Mexico. This will expand the industry and the patients flooding in to use medical cannabis in New Mexico.

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Judge overrules state over New Mexico medical marijuana reciprocity

MJ Biz Daily
Published on October 14, 2020

A New Mexico judge rescinded new state requirements that made it more difficult for certain out-of-state visitors to access the medical cannabis program through a reciprocity provision.

Santa Fe District Judge Matthew Wilson, in a ruling Tuesday, agreed with Ultra Health, the state’s leading MMJ operator, that the additional requirements went beyond New Mexico statute and are unenforceable.

The judge’s ruling could result in an increase in sales for medical marijuana retailers in New Mexico.

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