MARIJUANA PROGRAM BRINGS A WARNING

DENVER -- The governor and attorney general put a damper on a state
medical-marijuana program the day before it was set to go into effect,
saying users still would be breaking the law.

Gov. Bill Owens and Attorney General Ken Salazar urged federal
authorities to prosecute anybody who sells, distributes or grows
marijuana, even if they qualify for medical use of the drug under the
state program.

The program, which will issue licenses for physician-approved use of
marijuana to people suffering from certain conditions, was set to go
into effect today under a ballot initiative approved by voters in
November.

Owens and Attorney General Ken Salazar, both of whom opposed the
initiative, cautioned residents that anybody who possesses,
manufactures, distributes or dispenses marijuana still could be
convicted of a federal crime.

They contacted the Colorado Medical Association to remind physicians of
the law and asked acting U.S. Attorney Richard Spriggs to encourage the
prosecution of anybody who tries to use the program to get around
federal anti-drug laws.

Program supporters said the warning probably will scare some people away
from the program.

Julie Roche, who campaigned for the initiative, said the amendment
always conflicted with federal law, but she said the small amounts of
marijuana involved probably would be prosecuted under state law.

"The fact remains that in all the states that have passed these laws, no
patients have been prosecuted by federal agents," Roche said.

The Health Department, which expects about 800 people to buy licenses
this year, was ready to begin accepting applications for the licenses,
said spokeswoman Cindy Parmenter. She said as of Thursday afternoon, six
people had filled out applications and about 100 had requested
information.

Applicants have to provide a written statement from a physician saying
they suffer from one of several specific conditions including AIDS,
cancer and multiple sclerosis. If they qualify, they can pay $140 for
one-year license allowing them to posses a maximum of 2 ounces of
marijuana, or grow up to six plants at one time, only three of which can
be flowering.

Owens and Salazar said the program would not be affected by a recent
U.S. Supreme Court ruling that federal anti-drug laws don't exempt ill
patients.

"On balance, the court's ruling appears to leave at least some room for
Colorado to implement its marijuana program, as absurd and wasteful as
that result may be," Owens and Salazar wrote.

They said the ruling struck down the ability of marijuana "buyers'
cooperatives" that have been established in California under that
state's medical marijuana law.

Some legal questions still remained.

"The concern is what would happen if federal agents wanted the names of
everyone who applied," Parmenter said. "The law says we will keep the
names confidential, and it's our plan to do that."

Roche said she expects the state to keep the names secret in what she
said was an unlikely chance of a federal challenge.

"I don't see the feds going after patients. These are sick people who
are going through a difficult time. Federal agents are not doing this in
other states with medical marijuana laws," she said.

Colorado and eight other states that legalized marijuana for medical
uses are sorting out the decision's impact on their laws.