Pubdate: Wed, 18 Mar 2015
Source: New Mexican, The (Santa Fe, NM)
Copyright: 2015 The Santa Fe New Mexican
Contact: http://www.santafenewmexican.com/SendLetter/
Website: http://www.santafenewmexican.com
Details: http://www.mapinc.org/media/695
Author: Phaedra Haywood

MEDICAL POT GROWERS SUE STATE OVER NEW RULES

A majority of the nonprofits licensed to grow medical marijuana for 
the state are suing the state Department of Health and Secretary 
Retta Ward over new rules adopted last month for the state's Medical 
Cannabis Program. They claim the new rules are arbitrary and 
capricious, are not evidence-based and are unenforceable because they 
exceed the department's authority.

Organized under the name Cannabis Producers of New Mexico Inc., 19 
producers say in documents filed in District Court late Monday that 
they want the court to declare the new administrative rules void, 
stop the department from enforcing them and require that patient 
forms published after the rule conform to state statute.

The state currently has 23 licensed nonprofit growers producing 
marijuana for patients in the program.

The new regulations were adopted Feb. 27 after a yearlong process 
that included two public hearings.

Jason Marks, the Albuquerque attorney representing the producers, 
filed two documents that are substantially the same: a petition for 
declaratory and injunctive relief and a petition for writ of 
certiorari and declaratory relief.

Among the rules that violate the Lynn and Erin Compassionate Use Act, 
the filings say, are those that would require patients to provide a 
release of medical information, allow for cancellation of a patient's 
registration for reasons not contained in statute and limit the 
maximum quantity of marijuana a patient could possess in a 90-day period.

The documents also say testing protocols required by the new rules 
"are not supported by substantial evidence, and are arbitrary and capricious."

Health Department spokesman Kenny Vigil said Tuesday that the 
department has not yet reviewed the filings and does not comment on 
pending litigation.
- ---
MAP posted-by: Jay Bergstrom