ALBUQUERQUE – In a big win for medical marijuana producers in New Mexico, a district judge says a state-imposed limit on the number of plants they can grow as part of their licensed operations is arbitrary.
Judge David Thomson in a ruling issued Friday strikes down the Health Department’s 450-plant limit on producers.
The ruling sets a deadline for the state to study the issue and establish a new plant count that compiles with legislative mandates that guide New Mexico’s medical marijuana program.
It wasn’t immediately clear if the state would appeal.
The ruling stems from a lawsuit that alleged the agency wasn’t fulfilling its obligations to ensure an adequate supply of medical marijuana.
There have long been concerns about shortages as the population of licensed patients has grown exponentially. As of September, there were nearly 59,000 active patients.
