A federal judge has dismissed a class-action lawsuit that sought to force insurers in New Mexico to cover medical cannabis as a treatment for behavioral health issues. The ruling came on April 23 from U.S. District Judge Martha Vazquez, who stated that New Mexico state law does not require insurance coverage for medical marijuana, and federal law supersedes any state attempts to mandate such coverage.
The lawsuit, initiated in June 2022, was brought by a medical cannabis dispensary along with six patients. They claimed that insurers, specifically Blue Cross and Blue Shield of New Mexico, Presbyterian Health Plan, and Centene’s Western Sky Community Care, violated state law by not covering medical cannabis for conditions like post-traumatic stress disorder and autism. The plaintiffs argued that these insurers should provide coverage for medical cannabis, viewing it as a medically necessary treatment.
Judge Vazquez ruled that New Mexico law only prevents cost-sharing for behavioral health services that insurance companies are already obligated to cover. Additionally, she noted that medical cannabis is not included in New Mexico’s minimum coverage requirements under the Affordable Care Act (ACA). Insurers could also face legal risks for aiding in federal drug offenses, as cannabis is classified as a Schedule I substance under federal law.
In response to this ruling, New Mexico lawmakers introduced legislation in 2025 that would mandate insurance coverage for medical cannabis aimed at treating specific debilitating health conditions. However, until such changes are made, insurers are not required to include medical marijuana in their coverage plans.
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