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New Mexico Patient Sues Over Weed Limits Under Legalization

Attorney Jacob Candelaria said the policy establishes an illegal tax on medical patients not provided for in the law.

The Academy Advocate

A patient enrolled in the New Mexico medical cannabis program is challenging rules that limit how much patients can purchase, reports Las Cruces Sun News.

New Mexico legalized medical marijuana in 2007, and adult-use becomes legal in six weeks. Now a patient is suing because he says the state’s limits on patient purchases result in illegal taxation.

Jason Barker contends that the New Mexico Department of Health is discriminating against patients. This is because the state imposes a different purchase limit for patients once adult use is legalized as of June 29.

The Cannabis Regulation Act, passed at the end of March, allows adults age 21 and older to purchase up to 2 ounces. It also allows purchase 16 grams of Cannabis extract and 800 milligrams of edible Cannabis.

Adults will be able to possess an unlimited amount of cannabis, but must store over 2 ounces securely.

New Mexico Patients Illegally Taxed?

The regulating agencies said May 5 that patients will continue to be subject to the program’s purchase limits. Those are a cumulative 8 ounces over any 90-day period. After June 29 any purchases over that amount would be subject to a recreational tax.

Barker disclosed in his filing that he suffers from a traumatic brain injury. He additionally contended the limit does not permit him to maintain an adequate supply of medicine.

Barker’s attorney, Jacob Candelaria, said the policy establishes an illegal tax on medical patients not provided for in the law.

“The law is clear, all medical cannabis patients may purchase at least two ounces of medical cannabis at any one time, tax free, beginning on June 29, 2021,” Candelaria wrote.