cannabisnews.com: Legal Fears Hack Away at State’s Pot Plan Legal Fears Hack Away at State’s Pot Plan Posted by CN Staff on August 15, 2007 at 21:32:50 PT By Diana Del Mauro, The New Mexican Source: New Mexican New Mexico -- New Mexico could have been the first state in the nation to build a centralized production and distribution system for medical marijuana, but the Health Department doesn’t want to take the risk of butting up against federal law.Upon advice from Attorney General Gary King, Health Secretary Dr. Alfredo Vigil said the second phase of the new state law that would have made that happen won’t be pursued. “The Department of Health will not subject its employees to potential federal prosecution, and therefore will not distribute or produce medical marijuana,” Vigil said in a written statement Wednesday.That decision appears to leave patients who participate in the state’s Medical Cannabis Program with three options: grow their own marijuana plants; purchase bags of pot on the black market; or get a prescription for the legal, synthetic form of tetrahydrocannabinol, one of 400 chemicals in the marijuana plant.But Reena Szczepanski, director of Drug Policy Alliance New Mexico — a group that lobbied for the law — insists there are other solutions, if only King would provide “more meaningful” legal direction.“I hope they aren’t ruling out any producing or distributing by other entities,” she said. “We’re not expecting department employees to risk prosecution themselves. We ask them for a serious conversation with the AG about other possibilities.”The Health Department could set up a mechanism for private companies or groups of volunteers to take on production and distribution. She envisions the state putting out a formal request for proposals, selecting a vendor and then forwarding the plans to a federal judge or federal agency for final approval.“Those other options don’t seem to be part of the discussion,” she said. “I find it frustrating.”Dr. Donald Abrams, a professor of clinical medicine at the University of California San Francisco who helped the New Mexico Health Department define aspects of the Medical Cannabis Program, said the private sector could open up dispensaries like the ones his state has.Szczepanski isn’t keen on that idea. She said the cultural climate in New Mexico isn’t the same as California’s and a dispensary would be shut down quickly. Also, the dispensaries in California have been raided by federal agencies, she said.Vigil said it might take action by the Legislature to allow private dispensaries.New Approach For years, advocates have worked on getting a medical marijuana law passed in New Mexico. When New Mexico became the 12th state to enact such a law, it took an approach that hadn’t been tried elsewhere.“That was, I thought, a bit bold and slightly risky,” Abrams said of the centralized distribution system.He said the city of San Francisco considered such a system, but the idea never got off the ground because it flies in the face of federal law. Abrams has conducted government-sponsored clinical research on medical marijuana on 150 people over the past 10 years, and he believes it is beneficial for some conditions with little chance of harm.Szczepanski said New Mexico took this approach, however, because lawmakers were adamant they didn’t want to create a system that would give business to drug dealers.And advocates wanted New Mexico to adopt a pharmaceutical model, so the purity of the pot would be consistent, rather than replicating California’s storefront model, she added.The AG warned lawmakers during the 2007 session about putting the Health Department in charge of overseeing pot growers and distributors. Vigil — who was not health secretary when the law passed — said now “it’s playing out the way it was predicted to play out.”Szczepanski said the Health Department still must live up to the requirements of the law.The law requires the Health Department by Oct. 1 to establish requirements and procedures for licensing marijuana production facilities; to develop a distribution system for medical marijuana on secured grounds in New Mexico and operated by licensed producers; and to map out distribution points for patients that are not within 300 feet of any school, church or daycare center. Safe AccessTom Woods, who splits his time between Houston and Albuquerque, said he doesn’t have an easy time obtaining marijuana. “It’s difficult for me, so I was hoping this Phase 2 (of the New Mexico medical marijuana law) would come to fruition,” he said. “I end up without it a lot, and it’s not fun.”In 1991, he had a cancerous tumor the size of a tennis ball removed from his brain. Afterward, he found himself sitting in a stupor with a blank stare, having difficulty being productive or keeping up with conversations.He tried Ritalin and antidepressants, but neither helped, he said. A few years ago, he resorted to marijuana and found the stimulation it gave his brain made him more alert and productive.“It’s pathetic that it’s being treated like this,” he said. “The feds want to crack down and the states want to be compassionate to their people.”Woods said he had planned to apply to the state’s Medical Cannabis Program, but he doesn’t know what he’ll do now without a safe system of access.Marijuana is classified a controlled substance under federal law, and the U.S. government holds the position that the mind-altering herb is a gateway drug, not a medicine.The new law took effect July 1, and so far, the Health Department has approved 30 out of 66 applications from patients. Two others are pending review. The top three conditions are multiple sclerosis, cancer and spinal cord injuries with intractable spasticity.Approved patients receive an identification card and can possess up to a three-month supply of marijuana. While protected from state prosecution, they aren’t shielded from federal prosecution. “The Department of Health believes in the merits of the program and will continue to certify that patients who need relief from chronic, debilitating conditions are allowed to have medical marijuana under state law,” Vigil said. The Medical-Marijuana Program Patients apply to the program with the assistance of a physician who can verify the applicant has one of the allowable conditions.The New Mexico Department of Health issues a registry identification card to approved applicants.Participants, under a temporary regulation, can possess up to 6 ounces of marijuana, four mature plants and three seedlings and avoid prosecution under state law. The same goes for approved caregivers.Certification doesn’t protect patients from federal law. Prosecution is more likely if patients bring marijuana onto federal property.Participants break the law if they drive while under the influence of marijuana, take or use marijuana on school grounds or in public places, sell or transfer marijuana to a person not approved by the Health Department, obtain marijuana outside New Mexico or possess more than 6 ounces of marijuana.Source: New Mexico Department of Health Medical Cannabis Program: Your Rights and Responsibilities. Note: Patients have few options to find pain-relieving drug.Complete Title: Medical Marijuana: Legal Fears Hack Away at State’s Pot Plan Source: New Mexican, The (Santa Fe, NM)Published: August 15, 2007 Copyright: 2007 The Santa Fe New MexicanContact: webeditor sfnewmexican.com Website: http://www.freenewmexican.com/ Related Articles & Web Site:Drug Policy Alliancehttp://www.drugpolicy.org/New Mexico Won't Supply MMJ To Patientshttp://cannabisnews.com/news/thread23255.shtmlLaw Requires N.M. To Grow Its Own Pothttp://cannabisnews.com/news/thread23140.shtml State To Let Patients Grow Their Own Pothttp://cannabisnews.com/news/thread23138.shtml Home Comment Email Register Recent Comments Help Comment #14 posted by Toker00 on August 17, 2007 at 14:32:48 PT Hemp cannagar wraps? I'll check next time I go to the... you know. ;) Surely they do.Toke. [ Post Comment ] Comment #13 posted by whig on August 16, 2007 at 21:58:51 PT Toker00 Do they make appropriate hemp wraps for that? [ Post Comment ] Comment #12 posted by Toker00 on August 16, 2007 at 19:53:37 PT oops... EThere ya go.Toke. [ Post Comment ] Comment #11 posted by Toker00 on August 16, 2007 at 19:52:26 PT Had enough Absolutely! One of those tobacco less cigars. The kind that are kyne to you when you smoke them. A Cannagar. Toke. [ Post Comment ] Comment #10 posted by Had Enough on August 16, 2007 at 14:24:49 PT Toker Cool.I'm sure you will have special cigars I presume... [ Post Comment ] Comment #9 posted by FoM on August 16, 2007 at 13:55:51 PT Toker00 You'll be a good and concerned grandpa. She will be lucky to have you as her grandfather. [ Post Comment ] Comment #8 posted by Toker00 on August 16, 2007 at 13:46:44 PT Thankya, thankya vury mutch... Man! Will I have to watch my Ps and Qs, or what? Not that I wouldn't with a boy, but with a little girl?...Oh, man!They both wanted a girl. I made a bet on the side for a boy, but you know us guys! The whole time I was betting boy, I was thinking girl. lol.Thanks, guys, for letting me share!Toke. [ Post Comment ] Comment #7 posted by Hope on August 16, 2007 at 13:12:54 PT "She's gonna be a girl!!! " Sweet, Toker! Very sweet, indeed!Granddads are so important. [ Post Comment ] Comment #6 posted by whig on August 16, 2007 at 11:39:58 PT Toker00 Congratulations on the news! [ Post Comment ] Comment #5 posted by FoM on August 16, 2007 at 11:22:45 PT Toker00 That's great news. A girl. I think girls are great but I guess I would say that. LOL! [ Post Comment ] Comment #4 posted by Toker00 on August 16, 2007 at 11:13:13 PT Good question. They can have it both ways because that's the way they like it. They take the money we provide through Taxes earmarked for educating children and the general public about the danger of DRUG ABUSE, and they use it, instead, to push Pharmafia-infuenced LIES through D.A.R.E. and add more PO-LEASE so more of us get thrown into the Injustice For Profit system and intimidated into inaction instead of being educated, and educating our children, about drugs and then be trusted to make responsible decisions that only we have a Creator-given Right to make in the FIRST place as Creatures of this Nature they so hatefully are destroying and depriving us of by Prohibition of Natural Substances and the forcing on us instead of Sorcerer's Potions that are FAR more dangerous than the Natural Substances they Prohibit, though many times more Profitable...She's gonna be a girl!!! (Well, I didn't want to say "IT" is going to be a girl.) :) They found out today. Grand Daughter. Wow. Love it!Toke. [ Post Comment ] Comment #3 posted by ripit on August 16, 2007 at 08:35:23 PT: how do they get away with that? all these years now giving away goverment weed which is a blatent contradiction of a schedule 1 drug. how can they have it both ways? [ Post Comment ] Comment #2 posted by FoM on August 16, 2007 at 08:15:36 PT dongenero I agree. [ Post Comment ] Comment #1 posted by dongenero on August 16, 2007 at 07:57:35 PT Compassionate Use Program The Federal Government has a Compassionate Marijuana Use Program. They send medical marijuana to Irv Rosenfeld amd others on a monthly basis.The states with MM laws should start media and legal campaigns to shed light on this federal program and force them to reopen the program to supply state medical marijuana programs.It seems it could help to force the issue back at the federal level and put the pressure on Congress. It could also raise the discussion to a new level and put the Feds on the defensive.Every time the state MM laws are criticized, it should be countered with the existence of the long running federal program. [ Post Comment ] Post Comment