Cannabis dispensary settles claims following First Amendment win over state restrictions on providing information and participating at State event.
Several months ago, medical marijuana dispensary operator, Ultra Health, won its case against the State of New Mexico for New Mexico’s odd actions in attempting to restrict how and what Ultra Health could display regarding its processes and cannabis plants at the New Mexico State Fair and for New Mexico’s improper actions for suspending Ultra Health’s licenses (22 dispensaries in New Mexico) following the incident. The State continued to restrict the free speech rights of the medical marijuana dispensary at the following year’s state fair
You can read the full opinion from the Federal District Court for the District of New Mexico had granted judgment to Ultra Health and found the State’s actions in so restricting the speech and (arguably, advertising) of the cannabis dispensary violated the First Amendment. In that decision, and consistent with civil rights laws, the Court also awarded costs and attorneys fees.
The defendant had sought to appeal that suit to the 10th Circuit, but documents now released by the state show that the suit was settled. So the District Court order remains, and will remain, an uncontrovened analysis for cannabis attorneys and advocates to refer to in defending the First Amendment rights of their cannabis dispensary clients.