New Mexico’s controversial cannabis testing rules get removed by court order

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A court rejects new safety and labeling protocols implemented by health officials

Medical cannabis users and growers in New Mexico won a significant victory in the courts when First Judicial District Court Judge Bryan Biedscheid overturned a set of safety and labeling protocols that were adopted last year by the New Mexico Department of Health. Attorneys representing the companies had sued the state, claiming that the new regulations, which require heavy metal and pesticide testing, were “arbitrary and capricious” and would result in higher prices for people already on medical marijuana.
Judge Biedscheid agreed.

The filing attorneys claim that the state did not follow proper procedures when adopting the changes, namely that the new rules lacked “substantial evidence.” They also assert that the Department of Health did not even consult the Medical Marijuana Advisory Board when they came up with the new rules.

Judge Biedscheid wrote in his verdict, “The Court hopes that its additional findings and conclusions provide some guidance to the Department on remand and avoid additional remands due to lack of substantial evidence.”

Overturning the unworkable plan by the state grants producers the ability to increase their plant count under certain circumstances and throws out a consumption area provision that, according to a new report, no medical marijuana producer in the state had yet taken advantage of.

The New Mexico Department of Health had a set of testing and labeling requirements in place before these new regulations came out, so the New Mexico cannabis will simply return to what was already in place, which includes all testing and labeling standards. Meanwhile, the Department of Health stated in a recent press release that they are “aware” of the judge’s ruling and that they are currently “evaluating their options.”