OWENS WARNS DOCTORS AGAINST POT PRESCRIPTIONS

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 Friday 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 possess 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.