NEW MEXICO: Health Dept. won't distribute medical pot

NEW MEXICO: Health Dept. won't distribute medical pot


Staff and wire reports
Article Launched: 08/16/2007 01:00:00 AM MDT

To view the full medical marijuana law, click here (PDF).


SANTA FE — State officials said Wednesday they will not comply with the portion of the new medical marijuana law that requires New Mexico to oversee production and distribution of the drug.

"The Department of Health will not subject its employees to potential federal prosecution, and therefore will not distribute or produce medical marijuana," said Dr. Alfredo Vigil, who heads the agency.

"I respect that decision coming from the state," said Lindsey Bilovesky, 23, of Las Cruces. "I think that's the state's prerogative. I'm a firm believer in state's rights and I think that each individual state should decide if they're going to administer that."

The department will continue to certify certain patients as eligible to possess marijuana without risking state prosecution, Vigil said.

New Mexico's requirement that the state license a production and distribution system is unique among the dozen states with medical marijuana laws.

Chris Minnick, spokesman for the state Department of Health in Las Cruces, said the department's philosophy is that if it's going to err, it will be on the side of caution.

"We asked for this ruling," Minnick said. "We can't put our employees at any kind of risk without representation. The determination was pretty clear that federal laws supersede state laws, and that could put state employees at risk for distribution and production. We'll continue with the first phase of the program, issuing identification cards to those patients who qualify for medical marijuana use. But we won't be involved in the distribution or production."

Attorney General Gary King cautioned last week that the agency and its employees could face federal prosecution for implementing the new law, and that the attorney general can't defend state workers in criminal cases.

"We take the attorney general's opinion very seriously," Minnick said.

The law took effect July 1, and as of last week the department had approved at least two dozen patients to possess a three-month supply of marijuana, including plants.

"What we're doing now is what every other state is doing that has a medical marijuana law," said department spokeswoman Deborah Busemeyer. "Those states have set a precedent in being able to successfully do that."

Going beyond that by overseeing a production and distribution system would put state employees at greater risk of federal prosecution, she said.

Minnick said patients who are approved for medical marijuana use are allowed to have a three month supply which would consist of 3 ounces of marijuana, no more than four mature marijuana plants or three immature plants.

Medical marijuana

-According to the New Mexico Department of Health, 66 applications have been submitted throughout the state seeking use of medical marijuana.

24 applications have been approved, seven denied and decisions on all others are pending.

-Patients who are approved for medical marijuana use are allowed to have a three-month supply, which would consist of 3 ounces of marijuana, no more than four mature marijuana plants or three immature plants.

-An identification card is issued to all qualified patients, which gives them immunity from state prosecution.

-The identification card does not exempt them from federal prosecution.


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