AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Ultra Health, a licensed non-profit producer of medical cannabis, applied for an amended license to open two new distribution locations in Los Lunas and Española, New Mexico. The New Mexico Department of Health (DOH) denied these applications, citing concerns about Ultra Health's stock sufficiency, potential inability to sustain the proposed locations, patient privacy and confidentiality, and security of cannabis products. Ultra Health then filed a petition for a writ of mandamus against the DOH, arguing that the DOH's role in approving new dispensaries was purely ministerial and that it had no authority to deny the applications (paras 2-3).

Procedural History

• District Court of Sandoval County: The court granted Ultra Health's petition for a writ of mandamus, directing the DOH to issue an amended medical cannabis license to Ultra Health and to designate its two new stores as distribution locations (para 1).

Parties' Submissions

• Petitioner-Appellee (Ultra Health): Argued that the DOH had no authority to deny its application to open two new distribution locations because the DOH’s role was purely ministerial in approving new dispensaries (para 2).
• Respondents-Appellants (DOH): Contended that the statutory language of the Act grants DOH discretion in the approval process and that the district court improperly concluded DOH did not have discretion to deny the applications (para 4).

Legal Issues

• Whether the designation of new medical cannabis distribution locations by the DOH is a discretionary or ministerial act (para 4).

Disposition

• The Court of Appeals affirmed the district court’s decision, holding that the writ of mandamus was properly issued (para 13).

Reasons

• The Court of Appeals, with B. Zamora, J. Miles Hanisee, and Shammara H. Henderson concurring, held that the writ of mandamus was properly issued because Ultra Health complied with the statutory requirements and the Act sets forth only a ministerial duty with respect to distribution locations. The court determined that the DOH's role in designating new distribution locations is ministerial, not discretionary, based on the statutory language and DOH's concession that there was no right to an administrative appeal from a denial of an application for an amended license. The court applied de novo review to interpret the language of the Act and DOH regulations, concluding that the plain language of the statute does not confer discretion to DOH to deny applications for new distribution locations which meet the statutory requirements (paras 4-12).