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David Morgan
575-528-5197 Office
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A Clarification from the New Mexico Department of Health

August 7, 2019 - Public Relations - Information

A Clarification from the New Mexico Department of Health

The New Mexico Department of Health (NMDOH) would like to clarify that the Alternative Writ of Mandamus, which was signed by Judge Bryan Biedscheid on August 5th (and which proposes to compel NMDOH to issue medical cannabis cards to out-of-state residents) is not a final decision of the Court.

Pursuant to the Alternative Writ of Mandamus [NMSA, 44-2-7] ¹, the Department of Health is permitted to file, in the ‘alternative’ to enrolling non-residents, an Answer to the Alternative Writ to show why it should not be required to enroll non-residents.

The New Mexico Department of Health maintains that it is not required by law to enroll non-New Mexico residents as qualified patients in the NMDOH Medical Cannabis Program and anticipates filing its Answer on August 19th and appearing before Judge Biedscheid at the hearing on August 21st.

Until this matter has been heard on August 21st, NMDOH will not be issuing patient cards to out-of-state residents. This is because an Alternative Writ is not permanent, or final, until a court order is issued after the hearing.

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¹ Effectively, an alternative writ is a writ commanding the person or agency against whom it is issued to do a specified thing, or in ‘the alternative’, allow the agency the opportunity to show cause to the court why it should not be compelled to do it and why the writ should not be issued. [NMSA 1978, Section 44-2-7 When peremptory or alternative writs issued] .

 


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Versión en Español

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Una Aclaración del Departamento de Salud de Nuevo México