NMS2S Update: TRO Withdrawn

The emergency challenge brought by OCC and several other New Mexico operators is effectively being pulled back. In a filing submitted September 2nd, the plaintiffs withdrew their First Amended Verified Application for a Temporary Restraining Order (TRO) and Preliminary Injunction, and asked the court to cancel the hearing scheduled for September 3rd.

Work It Out

According to the filing, counsel had heard from licensees experiencing operational problems during the track-and-trace transition, but operators are currently working through those problems. The plaintiffs told the court that nothing had occurred that they considered catastrophic enough to justify continuing the emergency injunction request.

The original action argued that the transition away from BioTrack was moving too quickly and asked the court to keep the existing system operating while NMS2S underwent additional testing and implementation work. The plaintiffs were essentially asking for more runway, not the permanent cancellation of NMS2S.

METRC Reloaded

Metrc LLC has separately challenged the administrative decision behind the State’s selection of Real Time Solutions, the Albuquerque company contracted to develop and implement NMS2S.

The case is Metrc LLC v. New Mexico Regulation and Licensing Department, D-101-CV-2026-01459, filed in the First Judicial District Court in Santa Fe.

Metrc sought two forms of emergency relief: a Verified Application for Temporary Restraining Order and a Motion for Stay of Agency Decision Pending Appeal. Unlike the operator lawsuit, which focused heavily on whether the transition could be implemented safely on the State’s aggressive timetable, the Metrc case goes after something further upstream: the procurement decision that put RTS behind the system in the first place.

Oasis and the other operators were essentially saying, “Slow this down.” Metrc is challenging the State decision that awarded the contract.