LAW & ISSUES FOR MEDICAL MARIJUANA PRODUCERS AND CONSUMERS

________________________________________

LNPPS ASK COURT TO STOP TESTING REQUIREMENT

LNPP = Licensed, NonProfit Producer.  New Mexico's 23 licensed cannabis growers and distributers are NOT NON-PROFIT ENTERPRISES as required by the rules.

... LNPPs raise capital by forming for-profit affiliates to acquire and build-out buildings and facilities and/or to provide management services to the LNPP. The for-profit affiliates can attract and accept equity financing. However... these higher costs of obtaining financing that are due to the non-profit restriction are ultimately borne by patients in the price charged for medicine.

Affidavit of Zeke Shortes, President CPNM, Sacred Garden LNPP

Late last week the "trade association" representing the great majority of New Mexico's licensed cannabis producers asked the state district court in Santa Fe to enjoin the Department of Health from enforcing its microbiological testing requirement. The DOH rule went into effect in February, 2015, but a recent letter from the health department notified the producers that the rule would be enforced starting on January 25, 2016.

The LNPP's motion included affidavits of three of the producers:  Zeke Shores, Eric Speegle, and Erik Briones. All three claimed in their affidavits that they would "never knowingly sell any medicine that poses a health risk to any patient," referring to their claim that the DOH's testing requirement is unnecessary and expensive. All three claimed that enforcement of the testing requirement would remove about 25% of all medical marijuana and cannabis products from sale in New Mexico, creating a new shortage of marijuana and raising prices.

Neither the motion or the attached affidavits mention recent controversy over a 70% THC limit on cannabis concentrates and oils; allegations of lack of testing and pesticide poisoning of cannabis and cannabis products; or the effects of the removal of confidentiality provisions from LNPPs like those owned and operated by the three affidavit-writers.

Another of the three who wrote affidavits, Erik Briones, is the owner and operator of Canna Cafe Bakery, one of the unlicensed manufacturers allegedly selling baked goods poisoned with pesticides. The court has not yet set a date for hearing the motion for an injunction to stop the microbial testing requirement.

READ THE CPNM MOTION FOR A TEMPORARY RESTRAINING ORDER HERE

Read "High Standards" by Peter St. Cyr in the Santa Fe Reporter, Feb. 1, 2016

_____________________________________________________________

AG DECLARES TRANSPARENCY FOR MEDICAL CANNABIS PROGRAM

"The Department is not permitted to create regulations and take actions beyond those authorized by the statute... we find no statutory authority permitting the Department of Health to create a confidentiality provision for non-profit producer applications, whether in initial licensure or after theclose of the applications period..."

READ THE ATTORNEY GENERAL'S OPINION LETTER TO THE DOH HERE

With a New Year's Eve letter to Medical Cannabis Program Patient Services Manager Andrea Sundberg New Mexico Attorney General Hector Balderas presented his opinion that that secrecy rules promulgated by the Department of Health were not authorized by the Compassionate Use Act and refusal to disclose information about the applications and applicants would violate the New Mexico Inspection of Public Records Act.

Read the report in the Albuquerque Journal, 1/5/16

"In his letter to state health officials, Balderas said the state’s medical marijuana law doesn’t authorize the Department of Health to conceal the identities of people with personal production licenses or pending nonprofit producer applications."

The Albuquerque Journal suggests the Attorney General's opinion applies to the more than 4000 patients with Personal Production Licenses. It does not appear that revealing patient names was the Attorney General's intention, but his letter could be interpreted that way.

Read the report in the Santa Fe Reporter, 1/4/16

"Balderas noted that the state’s medical marijuana law authorizes the Department of Health to keep confidential the names and addresses of people with a registry identification card, which allows them to legally purchase medical pot. But it does not authorize the agency to keep confidential the identities of personal producers and applications for licensed nonprofit producers, Balderas wrote. “A public agency cannot unilaterally determine that it will withhold records by creating a confidentiality regulation, unsupported by legislative authority, to bypass the” open records law, he wrote."

And the Reporters' Follow Up Report, 1/6/16
Medical Cannabis Growers Fear Public Disclosure

And the New Mexican's Report, 1/7/16

And the Albuquerque Journal, 1/7/16

Read the Complete Proposed Rules Changes

Public Hearing on proposed new rules was held in Santa Fe on January 6, 2016

____________________________________________________________

Transparency - Sworn to Secrecy
Santa Fe Reporter, by Peter St. Cyr, April 29, 2015

For the Record - Secrecy Still Abounds
Santa Fe Reporter, by Peter St. Cyr, July 22, 2015

Green Rush
Santa Fe Reporter, by Peter St. Cyr, Sept. 2, 2015

How a Watchdog Journalist Uncovered Medical Pot Applicants
New Mexico Political Report, by Andy Lyman, Sept. 4, 2015

Knocked Out:  A Mixed Bag for Santa Fe License Applicants
 Santa Fe Reporter, by Peter St. Cyr; Sept. 29, 2015

New Cannabis Growers Selected
Santa Fe Reporter, by Julie Ann Grimm, October 5, 2015

_____________________________________________________________


Pesticides and N.M. Medical Marijuana

"I know first hand that he has been spraying all of his crop with a systemic pesticide. For those of you who do not know this leaves a residue that can not be washed off. This is poison."  (June 10, 2015)

Canna Cafe Bakery: 
Our Story
Our Products

News and Research Reports

Pesticide Use on Cannabis

Pests and Pesticides on Cannabis

LIVINGSTON vs. GENTRY, et al., No. D-1329-CV-2015-01327

__________________________________________________

 

 

NM MEDICAL CANNABIS PROGRAM RULES AND REGULATIONS
Rules Effective after February 27, 2015

Part 2:  Advisory Board (8 pgs.)

Part 3:  Registry ID Cards (16 pgs.)

Part 4:  Licensing Requirements (30 pgs.)

 

IMPORTANT N. M. MEDICAL CANNABIS PROGRAM LITIGATION


CPNM, Inc. (Cannabis Producers of N. M.) vs. N.M. DOH
Case No. D-101-CV-2015-00658

Producers' group filed Petition 3/16/2015 appealing new rules

Cannabis Producers' Statement of Appellate Issues

DOH Motion to Dismiss

CPNM Response to Motion to Dismiss

DOH Reply to Response

MOTION FOR TEMPORARY INJUNCTIVE RELIEF
filed 1/29/2016

__________________________________________________

Kieve v. N.M. Department of Health
Case No. D-101-cv-2014-00140

Psychiatrist charges DOH interference with PTSD practice

Order & Findings on PTSD Documentation

Dr. Kieve's GoFundMe Campaign

__________________________________________________

BioMed Prescriptions, et al., vs. State of New Mexico, et al.
Case No. D-101-cv-2011-01127

4-Year Old Applicants' Case Dismissed

Settlement Agreement
 

in ColoCOLORADO PESTICIDE ISSUES AND ARTICLESrado COLORADO PESTICIDE ISSUES AND ARTICLES

Regulation delays, frustrations: Faced with lack of guidance from EPA, Colorado regulators yielded to pot industry pressure over pesticide use

Consumers file lawsuit: Colorado’s largest marijuana grower sued over pesticides

Independent spot-check: Denver Post tests find pesticides in pot products

Recalls: Denver issues two more recalls, for products from Den-Rec: Denver Recreational Dispensary and Sacred Seed

Following up: Colorado DoA has investigations underway on pesticide misuse by Denver marijuana businesses Mahatma Concentrates and Treatments Unlimited

An alert to consumers and shops: Denver recalls Mahatma pot extracts over unapproved pesticides

Lab results: See lab results from Denver Post's product testing

Pot businesses buckle down: Industry reacts to new Denver scope on pesticides

Product inspections at Denver marijuana shops: City health officials cracking down on pesticide use in pot products

Cannabist Show: Get different perspectives on the Denver pesticides inspections from marijuana attorney Sean McAllister and Organic Cannabis Association board member Ben Gelt

More debate: Can pesticides be eliminated from commercial marijuana grows?

http://nmhealth.org/p/regulation/140/


Special:
VICE: BUTANE HASH OIL

February 21, 2015

______________

NEW LNPPS (12)

Emergent Pharmaceuticals

Giving Tree

Keyway

Kure

Organtica

Pecos Valley Pharma.

PurLife

Roadrunner Rmedies

Rx Verde

Seven Clover

Seven Point Farms

Southwest Wellness Center

______________

LICENSED NM
CANNABIS
PRODUCERS (23)

Budding Hope

Cannaceutics

CG Corrigan

Compassionate Dist.

Fruit of the Earth Organics

G & G Genetics

Grass Roots RX

Healthy Educ. Society

High Desert Relief

MedZen Services

Minerva Canna Group

MJ-Express-O

Mother Earth Herbs

Natural Rx

New Mexicann

New Mexico Altern. Care

New Mexico Top Organics

Red Barn Growers

R. Greemleaf Organics

Sacred Garden

Sandia Botanicals

Southwest Organic Prod.

The Verdes Foundation