Mark Springer and Medical Marijuana, Inc. v. Retta Ward, DOH Secretary:

 

STATE OF NEW MEXICO
FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE


No. D-0101-CV-2014-00254


MARK SPRINGER and
MEDICAL MARIJUANA, INC.,
a New Mexico Nonprofit Corporation,

Petitioners,

vs.

RETTA WARD, in her official
capacity as Secretary of the
New Mexico Department of Health,

Respondent.

 

Verified Petition for Alternative Writ of Mandamus and Declaratory Judgment (1/27/2014)

Alternative Writ of Mandamus (2/11/2014)

THEREFORE you are commanded forthwith to:

1.    Comply with your mandatory, nondiscretionary duty to ensure a reasonably sufficient cannabis supply for qualified patients to treat their debilitating conditions under the medical cannabis program by reopening the applications period for qualified producers, as required by the Lynn and Erin Compassionate Use Act, Section 26-2B-1 to -7; or

2.     Show cause before this Court at 2:00 p.m. on the 7th day of March, 2014 why you should not do so.

Bench Memorandum

Response to Bench Memorandum

Closing Brief

Order Quashing Writ

Final Order Granting Declaratory Judgment (Jan. 15, 2015)

 

 

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U. S. Constitution:

9th Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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10th Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


N. M. Constitution:

Article 2; Section 4