Court: Medical marijuana can’t be taxed in New Mexico

SANTA FE, N.M. (AP) — The New Mexico Supreme Court is letting stand a ruling by a lower court that found cannabis purchases by medical marijuana patients should not have been subject to gross receipts tax. The Supreme Court issued its order Wednesday. In a 2020 ruling, the New Mexico Court of Appeals likened medical marijuana to other prescriptions, which are untaxed in New Mexico. The case stemmed from requests for refunds by producers in 2014 and again in 2018. The state Taxation and Revenue Department had denied those claims. The agency said it was disappointed with the Supreme Court’s decision to quash its review of the case.