A court hearing was scheduled Monday that could determine whether residents of Texas, Arizona and beyond can participate in New Mexico’s medical cannabis program.

The state Department of Health has appealed an initial court decision that would allow nonresidents to fill prescriptions for marijuana.

Medical marijuana dispenser Ultra Health says changes to the state statute this year allow any person to qualify for medical marijuana based on a valid medical condition.

The administration of Gov. Michelle Lujan Grisham says that change was an unintentional drafting error.

Medical marijuana cards have issued to three out-of-state residents who sued the Health Department for access.