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[Update: As of February 2020, New Mexico law changed in regard to non-residents accessing the state's licensed medical cannabis. While New Mexico's dispensaries may now individually choose to honor out-of-state medical cannabis cards through the new reciprocity program, non-residents can only purchase New Mexico's medical cannabis products if they reside in a state that also legalized medical cannabis.]
If you’re planning a trip to New Mexico to check out the picturesque scenery or see if you can find and liberate a few new extraterrestrial friends, you can now add a little medicinal greenery to your desert vacation — even if you don’t actually live in the Land of Enchantment.
According to a report from the Phoenix New Times, a ruling from a New Mexico District Judge has opened the state medical marijuana program to out of state residents. Now, anyone who qualifies can register for a legal weed card in New Mexico, no matter where they live.
Derek Rodriguez, a cannabusiness owner who lives in nearby Arizona, was the first non-resident to obtain a New Mexico MMJ card. After a change in the state’s medical marijuana program removed a residency requirement, Rodriguez sued for his right to participate in the New Mexico system. And while Governor Michelle Lujan Grisham said that the residency removal was intended to facilitate reciprocity for MMJ cardholders from other states, District Judge Bryan Biedscheid sided with Rodriguez, and ruled that the program is open to any person who would like to apply, regardless of any MMJ status in their home state or country.
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States like Nevada and Hawaii already allow reciprocity for medical marijuana cardholders from other states. But when it comes to open enrollment in an out-of-state program, New Mexico’s new policy is the first of its kind. Despite recent pushes from local cannabis advocates, New Mexico has not yet been able to pass a recreational legalization proposal.
“It’s fantastic that New Mexico is going through this in a very public manner,” Demitri Downing, executive director of the Marijuana Industry Trade Association of Arizona, told Phoenix New Times. “The more and more people discuss it, the more and more people understand the nuances of what doesn’t make sense. And what doesn’t make sense is not having reciprocity.”
Joining Rodriguez, two Texan men also sued New Mexico for the right to join the state’s medical marijuana program. For a huge number of Texans, New Mexico reciprocity could allow them to take a short drive from the draconian drug policies of the Lone Star State to legally access cannabis elsewhere.
New Mexico officials say that they plan to appeal Judge Biedscheid’s ruling to try and reign in the reciprocity clause.
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