Green chile is undoubtedly a popular product at the New Mexico State Fair. But can another “green” product—medicinal marijuana—be displayed at the state fair? That question now rests with a federal district court.
New Mexico allows vendors of food, medical, and other products to display their products in booths at the annual state fair. New Mexico Top Organics—Ultra Health, Inc., a medical cannabis company, sought to display its medical cannabis products at the fair, but New Mexico has a policy disallowing the display of drugs or drug paraphernalia at the fair. In 2016 and 2017, the state prohibited Ultra Health from displaying its products, or images of its products, at the fair. Ultra Health determined that, without images or examples of its products, it could not meaningfully participate in the fair, and it subsequently brought suit against several state fair officials, alleging violations of its free speech rights under the First Amendment.