News & Blog

News & Blog

New Mexico Judge Orders State Agency to Enroll Reciprocity Patients

Judge signs Writ of Mandamus to keep medical cannabis reciprocity program in accordance with the law

(Santa Fe) – Ultra Health, New Mexico’s #1 Cannabis Company, successfully filed a Writ of Mandamus against the New Mexico Department of Health (NMDOH) asking the court to rescind an NMDOH mandate that added additional requirements for reciprocal patients to participate in the New Mexico Medical Cannabis Program. 

Santa Fe District Court Judge Matthew Wilson prepared the Writ and signed it on October 13, 2020, invalidating the NMDOH mandate and Emergency Rule that attempted to disallow qualified reciprocal participants from accessing New Mexico’s Medical Cannabis Program.

“Neither the Legislature, by statute, nor the DOH, by rule, required that a reciprocal participant’s government-issued identification and medical cannabis proof of authorization be issued by the jurisdiction where the participant lives, or that the reciprocal participant must produce a medical cannabis card as the only acceptable proof of authorization in order to obtain reciprocal admission into the New Mexico medical cannabis program,” Judge Wilson wrote in the Writ.

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Medical cannabis producer sues New Mexico agency, alleges overreach

Phaedra Haywood / Santa Fe New Mexican
Published on September 29, 2020

New Mexico’s largest licensed medical cannabis producer says in a new lawsuit the state Department of Health is once again overstepping its authority when it comes to regulating the drug.

New Mexico Top Organics Ultra Health says the Department of Health has created new rules that make it harder for people enrolled in medical cannabis programs in other states and those operated by tribal governments to obtain patient identification cards through the New Mexico Medical Cannabis Program. The company’s complaint — filed Sept. 22 in state District Court — alleges rule changes announced Sept. 11 and the way they were created violate state laws.

Ultra Health prevailed in a previous lawsuit accusing the agency of overreach.

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Tax expert says there could be significant revenues in cannabis legalization, some lawmakers still skeptical

Andy Lyman / New Mexico Political Report
Published on September 23, 2020

Comments and questions raised on Tuesday during an interim legislative tax policy committee point towards lengthy debates on recreational cannabis legalization in the upcoming legislative session in January.

Richard Anklam, the president and executive director of the New Mexico Tax Research Institute, told lawmakers that states that were early in legalizing recreational-use cannabis like Colorado, Washington, Oregon and California have seen significant tax revenue increases in the past several years. Anklam, using a study from the Tax Foundation, a national think tank, said New Mexico could see roughly $70 million in excise taxes, before factoring in gross receipts taxes, if the state legalizes cannabis for recreational use.

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New Mexico Medical Cannabis Program Surpasses $92 million for the First Six Months of 2020

Patient sales up 55% over prior year; available supply substantially below amount mandated by state law

(Albuquerque) – Combined patient sales from the 34 licensed producers in New Mexico’s Medical Cannabis Program totaled $92 million during the first six months of 2020, an increase of $32.5 million or 55% over reported patient sales for the first six months of 2019. Ultra Health sustained the top position in the industry with $15 million in patient sales for the first six months. 

Currently, New Mexico medical cannabis patients choose Ultra Health as their primary cannabis care provider by over 6 to 1.

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COVID-19 CREATES SURGE IN DEMAND FOR MEDICAL CANNABIS IN N.M., SHORTAGES AHEAD

Adequate supply for patients in danger as regulators continue to thwart patient access, available medicine

(Albuquerque) – New Mexico’s medical cannabis patients are at risk of running out of medicine due to the effects of COVID-19 and statewide shutdowns, according to a recent report published by O’Donnell Economics. Ultra Health, New Mexico’s #1 Cannabis Company, has felt the effects of COVID-19 with unprecedented demand and patient sales since March 2020.

“The pandemic substantially increased demand for medical cannabis in New Mexico, worsening the state’s medical cannabis shortage, driving up price, and negatively impacting patients,” the report, produced by Kelly O’Donnell of O’Donnell Economics, stated. 

The medical cannabis shortage highlights a significant deficiency in New Mexico’s public health infrastructure.

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New group of petitioners challenging NM DOH medical cannabis rules

Andy Lyman / New Mexico Political Report
Published on July 23, 2020

The list of medical cannabis companies filing legal complaints against the New Mexico Department of Health continues to grow.

This week, two more medical cannabis producers, a cannabis manufacturer, a cannabis testing laboratory and a patient licensed to grow medical cannabis filed petitions in state district court asking a judge to annul rules adopted by the DOH earlier this month. That’s in addition to the two other medical cannabis producers who filed petitions against the state last week.

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State’s largest medical cannabis producer sues Health Department over new rules

Phaedra Haywood / Santa Fe New Mexican
Published on July 15, 2020

The state Department of Health last month published its new Medical Cannabis Program regulations, and the state’s largest producer of medical cannabis is challenging them in court.

New Mexico Top Organics-Ultra Health Inc. is asking a state district judge in Santa Fe to send the department back to the drawing board, claiming the agency “simply copied and pasted regulations from other states without considering how those out of state regulations would or could perform in the real world in New Mexico.”

Ultra Health Chief Executive Officer and President Duke Rodriguez has sued the Department of Health multiple times — contesting sanctions, gross receipts tax applicability to medical cannabis and the definition of adequate supply.

He’s often won.

 

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New Mexico Begins Reciprocity for Medical Cannabis Patients Outside New Mexico

N.M. BEGINS RECIPROCITY FOR MEDICAL CANNABIS PATIENTS OUTSIDE NEW MEXICO

Legislative initiative to allow patients from other areas to participate in New Mexico’s program takes effect

(Albuquerque) – New Mexico’s Medical Cannabis Program will officially begin allowing medical cannabis patients from out-of-state to possess and purchase medical cannabis while in New Mexico. Ultra Health, New Mexico’s #1 Cannabis Company, will be providing medical cannabis for reciprocal participants on July 1, 2020. 

Patients with proof of authorization from a medical cannabis program outside New Mexico, also known as reciprocal participants, may begin purchasing medical cannabis from New Mexico dispensaries on July 1, 2020, without paying any additional fee. Reciprocal participants may purchase and possess up to 230 units or 8 ounces of cannabis in a 90-day period. 

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New Mexico Medical Cannabis Program sees record pace in first quarter of 2020

Regional analysis shows programmatic inefficiencies, N.M. patients face higher prices due to plant cap

(Albuquerque) – Combined patient sales from the 34 licensed producers in New Mexico’s Medical Cannabis Program totaled $40.1 million for the first quarter of 2020, an increase of $12 million or 43% over reported patient sales in the first quarter of 2019. Ultra Health topped all producers with $6.1 million in patient sales for the first quarter.

New Mexico’s top 10 cannabis providers accounted for 71% of total patient sales. 

The program enrolled 85,168 patients as of March 31, 2020, an increase of 20% over March 2019 enrollment. A total of 6,128 pounds of cannabis flower was sold to patients during the first three months of the year, representing an increase of 30% over total pounds sold in the first quarter of 2019. 

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New Mexico Medical Cannabis Enrollment Continues to Outpace Colorado Program

Programmatic changes needed to allow New Mexican patients similar access as Colorado patients

(Albuquerque) – Patient enrollment in New Mexico’s Medical Cannabis Program reached 85,168 patients, according to recent data released by the New Mexico Department of Health (NMDOH). This represents an increase of 20% over March 2019 enrollment. 

New Mexico’s medical program is outpacing neighboring Colorado’s medical program, which enrolled 81,722 patients as of March 31, 2020. 

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