The New Mexico Second Judicial District Judge Benjamin Chavez is ordering a change in medical cannabis purchase limits. The Regulation and Licensing Department (RLD), the New Mexico Department of Health (DoH), and Governor Michelle Lujan Grisham received a notice from Judge Chavez on the need to increase the purchasing limit for medical cannabis patients. Or, they needed to submit reasons why they shouldn’t increase the limit.
“Respondents’ purchase limitations violate equal protection principles because they will subject New Mexicans with debilitating medical conditions who are dependent on medical cannabis to lower purchase limitations than persons who purchase cannabis from the recreational (and taxed) market,” Judge Chavez wrote in a statement. “Respondents’ unlawful rules also attempt to impose an illegal tax on any medical cannabis purchases in violation of the Cannabis Regulation Act.”
Current Law
Medical cannabis patients in New Mexico can only purchase 230 “units” of medical cannabis on a rolling 90 day period. The DoH classifies a “unit” as a gram of dried cannabis flower. This equals around 8 ounces over the course of 90 days.
However, New Mexico legalized recreational cannabis this year. While sales will start by April 1, 2022, legalization laws took effect at the beginning of July. For example, recreational cannabis purchasers have a limit of two ounces per visit. But there isn’t a set limit of visits a person can make a day. Theoretically, a person could visit a dispensary eight times a day. Each time, they could purchase two ounces of recreational cannabis. That person could purchase twice as much cannabis as a medical patient could in three months.
This most likely won’t happen as regulators express concerns surrounding having enough recreational cannabis for initial sales. However, the thought still stands.
Court Ruling
The language of the law prompted medical cannabis patient Jason Barker to file a complaint with the court system. Barker was represented by Jacob Candelaria, who is a New Mexico Senator. The senator spoke about Judge Chavez’s ruling in favor of medical cannabis patients.
“I hope DOH and RLD will now come into compliance with the law, instead of further litigating an issue they will eventually lose in an attempt to impose an illegal tax on medical cannabis patients,” Senator Candelaria stated. “It’s also unfortunate that taxpayers have to foot the bill for these agencies’ actions that continue to violate the rights of New Mexico’s 120,000 plus medical cannabis patients.”
“If the Lujan Grisham administration chooses to continue litigating this issue, we will see them in court and will fight tooth and nail to make the court’s order permanent,” the senator added.
The RLD, DOH, and the governor’s office have until September 20 to address the changes necessary. If they don’t want to increase the purchase limit, they must present reasons for their opposition. As more information becomes available, we will update you with the latest.
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