A state district judge’s ruling is going to allow hundreds of patients to be re-authorized to participate in New Mexico’s medical marijuana program.

It was a mandate issued last September that was challenged leading to a subsequent emergency rule adopted by the state health department just weeks later that placed additional requirements on some patients with medical marijuana cards from other states.

Ultra Health, New Mexico’s largest cannabis company, asked the court to step in, arguing that the agency overstepped the intention of the state Legislature and created more hurdles for patients seeking to gain reciprocal admission into the New Mexico program.

According to Judge Matthew Wilson, the agency’s justification for adopting the emergency rule in early October was inadequate and therefore unenforceable.

“It’s important to patients who were already part of the program and got it taken away and patients who are in need of access. This was their only hope,” said a patient advocate.

David Morgan, a Health department spokesman, said the agency is complying with the ruling and that all 323 people affected by the decision will once again be able to buy from licensed cannabis providers in the state.

Active patients in New Mexico’s medical marijuana program are at more than 98,500. There are about 1,700 reciprocal participants.

Legalizing marijuana recreationally in the state will be brought up again during the next legislative session in January.


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