On Friday, January 29, 2021, a New Mexico judge ordered the state's Department of Health to rewrite medical cannabis program regulations because they weren't supported by evidence.
The judge said certain rules, including medical cannabis testing requirements, weren't supported by “substantial” evidence.
According to the Santa Fe New Mexican, the agency also failed to consult with the Medical Cannabis Advisory Board before establishing the rules, which is required by statute.
The order is a response to a complaint from New Mexico Top Organics-Ultra Health, the state’s largest medical cannabis producer.
The company said the department provided “no rational connection” in the rule-making process.
New Mexico Top Organics-Ultra Health has won previous legal battles with the Department of Health.
They have sued multiple times over the definition of adequate supply, gross receipts tax applicability and sanctions.