STATE BILL EXPECTED TO REVIVE MEDICAL MARIJUANA LAW

SANTA FE - State Health Secretary Alex Valdez has drafted a
measure to be used for medical purposes, such as relieving the nausea
associated with chemotherapy.

"We need to move forward on this deal," Valdez said
Tuesday.

Valdez drafted the measure on orders from Gov. Gary Johnson, and said
the legislation, which would appropriate $150,000 for the program, had
been submitted to Johnson's office.

New Mexico lawmakers in 1978 passed the Lynn Pierson Act, named for a
26-year-old cancer patient. The law allows marijuana to be used to
relieve symptoms associated with chemotherapy and to ease eye pressure
from glaucoma in connection with a research project. It also allows a
review board appointed by the Health Department secretary to approve
other legitimate medical uses. The board, made up of a psychiatrist,
ophthalmologist and oncologist, must approve all applicants and their
physicians.

More than 250 people used marijuana under the law until 1986, when
lawmakers stopped appropriating the $50,000 needed annually to run the
program.

Valdez began studying the law last summer after threats of a class
action lawsuit by its supporters.

It says the administrator - that's me - shall appoint a patient
qualification review board," Valdez said. "It says the administrator
shall obtain marijuana. There's no discretion in here in terms of what
I must do, and the fact of the matter is we're mandated to have this
program in place."

Critics contend medical marijuana is a smoke-screen for
legalization.

"I don't want any back-door approach trying to legalize this stuff,
and I will fight it as far as I can," said House Majority Leader Ted
Hobbs of Albuquerque. "If this is a campaign to figure out to slide in
the closet with this thing, I don't like it at all. I'd rather have it
straight out - and straight out it's going to lose."

Rep. Max Coll of Santa Fe, vice chairman of the Legislative Committee,
said he wanted to see the legislation before commenting on the issue.

"I'd probably vote to fund it if it's just a straight vote to fund,"
said Coll, D-Santa Fe. "We passed that (Pierson Act)...to help people
who are badly in need of that kind of help. I think in those kinds of
cases it's OK."

Last Monday, attorney Charlie Knoblauch sued Valdez for nonfeasance
and asked the state Supreme Court to force the secretary to provide
marijuana for his client, electronics technician Tony Cognetto of
Albuquerque, who has non-Hodgkins lymphoma. No hearing has been sent.

"Last January, Tony went through an initial round of chemo and
radiation, and they thought they had it," Knoblauch said. "But about
three weeks ago it was discovered again, and he's going through
intensive chemotherapy right now. And he needs the stuff to control
his nausea and vomiting."

Two other men, University of New Mexico nurse Bryan Krumm and Ed
McWilliams, have threatened a lawsuit to reactivate the program. Krumm
has said he wants marijuana to ease knee pain from an accident and for
depression. McWilliams hopes to get it to treat his migraines.

Valdez said last month funding a marijuana therapeutic research
program would not be a priority in his budget request. But Johnson's
legislative liaison, Dave Miller, said the governor - who has pushed
to legalize drugs such as marijuana and heroin - told Valdez to get a
medical marijuana program going.