A medical cannabis company in New Mexico is suing a state agency for infringing on its First Amendment rights.

The company, Ultra Health, is specifically suing EXPO New Mexico, the group that organizes the New Mexico State Fair, because EXPO New Mexico is limiting what the company can display at an educational booth at the fair.

Ultra Health issued a press release yesterday stating “Because EXPO New Mexico is a government entity and the New Mexico State Fair a public forum, restricting Ultra Health’s ability to educate the public and advocate on behalf of medical cannabis violates the First and Fourteenth Amendments, the lawsuit contends.”

The press release continued, stating an EXPO New Mexico official stated they would be prohibited from bringing the following to their educational booth:

“You may not bring onto the EXPO New Mexico campus any and all cannabis and cannabis derived products including CBD products. You may also not bring any product that would be outside your New Mexico Department of Health approved distribution plan. Moreover, you may not bring any type of drug paraphernalia that could be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body any type of cannabis or other controlled substance.  You are also precluded from displaying any image of the above restricted items in any way to include banners, flyers, clothing or any other medium.”

The medical cannabis company is claiming EXPO New Mexico’s statement demonstrates viewpoint discrimination and prior restraint.