A New Mexico medical hashish supplier has filed a swimsuit in state district court docket that seeks to invalidate rules lately adopted by the state Department of Health. The new guidelines governing facets of the division’s Medical Cannabis Program corresponding to lab testing, services requirements, and product labeling went into impact earlier this month.

In a submitting for the lawsuit, attorneys for medical hashish producer Ultra Health wrote that the principles are “arbitrary and capricious” and would place a big burden on suppliers and medical hashish sufferers, and usually are not based mostly on sound science.

“Producers, who already pay well over $100,000 per year for their license and are precluded by federal law from taking any income tax deductions, will have to pay for the increased testing burden and will pass along the costs to patients,” reads the petition, a replica of which was obtained by The NM Political Report.

“While Petitioner Ultra Health agrees that some testing is necessary to protect the safety of cannabis patients, DOH’s rules do not draw the necessary connection between the arbitrarily chosen testing parameters and specific measurements of patient safety,” the petition continues.

Attorneys for the plaintiff additionally known as into query the DOH follow of counting on rules enacted in different states as the premise for the brand new guidelines, somewhat than drafting rules particular to New Mexico’s setting and different situations. 

“All of the biological and environmental differences between New Mexico and other regions guarantee that cannabis grown in New Mexico will have a very different potential for various kinds of contaminants than cannabis grown in Colorado or Oregon, but DOH never considered these basic environmental factors that make New Mexico unique,” the legal professionals wrote.

Laboratory Requirements Questioned

A provision of the rules that requires analytic testing to be carried out by laboratories accredited by the state was additionally challenged by Ultra Health’s legal professionals, arguing that the 2 at present accredited labs wouldn’t have the ability to deal with the rise in testing led to by the brand new guidelines, jeopardizing this system.

“Indeed, New Mexico has only two cannabis testing laboratories, and if one of them cannot meet DOH’s requirements, testing would slow to a crawl and a program that serves 92,000 medically fragile New Mexicans would be severely disabled,” the petition reads. “If both laboratories cannot meet DOH’s requirements, the Medical Cannabis Program would cease to function.”

Ultra Health additionally objected to guidelines requiring hashish services to be compliant with zoning legal guidelines, noting that companies that lease their places have little management over the matter. The swimsuit additionally alleges {that a} rule that may require a license modification for any modifications made to a facility would represent an undue burden and as written would apply to actions together with “changing a lightbulb, installing an air conditioner, or adding an additional greenhouse.”

“It is arbitrary and capricious to require licensees to constantly submit applications for amended licenses whenever they change a lightbulb,” the petition reads.

The swimsuit from Ultra Health included different objections to the brand new guidelines, together with redundant labeling necessities and prohibitions on hemp. A spokesman for the well being division declined to say if or when the company would reply to the swimsuit’s name for the brand new rules to be thrown out.

“The Department of Health does not comment on pending litigation,” DOH spokesman David Morgan mentioned.

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