A New Mexico law limiting growers in the state from producing more than 450 plants is set to expire this week, meaning there would be no limit to the number of plants growers could produce, according to the Albuquerque Journal.
A prior order by Judge David Thomson ruled that the 450 plant limit was “arbitrary and capricious” following a lawsuit by a medical cannabis patient who said that shortages of CBD oil had forced her to move out of the state. Judge Thomson set a 120-day expiration period on the 450-plant limit, during which time the Health Department was expected to write new rules. That 120-day period, however, ends on Friday.
The last request to stay the judgement was denied by 1st District Judge Sarah Singleton last week, meaning that the 450-plant limit will be defunct by Friday unless new rules are deployed.
The Health Department indicated that they are “assessing next steps” regarding plant counts. The Department may reinstate a plant count but at a new level that would hopefully be acceptable to the plaintiffs in the case ruled on by Judge Thomson.
“Safe access to quality medicine is a top priority of the New Mexico Department of Health’s Medical Cannabis Program,” said Health Department spokesperson David Morgan.
New Mexico’s House of Representatives is also currently considering a bill that would legalize adult-use cannabis.