NM FINALIZES RULES FOR MEDICAL MARIJUANA

ALBUQUERQUE - The state Department of Health is accepting applications from
nonprofit businesses that want to produce and distribute medical marijuana
to certified patients in New Mexico. Qualified patients also can apply to
produce medical marijuana for themselves.

The department announced Friday it has finalized regulations for
identification cards and a production and distribution system under
the state medical marijuana program that went into effect in 2007.

"Now patients now can get medical cannabis for their chronic health
conditions in a way that is safe and legal under state law," Health
Secretary Dr. Alfredo Vigil said.

The law allows people to be certified to use marijuana for pain or
other symptoms of debilitating illnesses such as cancer, glaucoma,
epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord
injuries. The agency has approved 207 applications from chronically
ill patients to receive medical marijuana.

A spokeswoman for the department, Deborah Busemeyer, said it has had
inquiries-but no applications-about the distribution and production
process. The health secretary will determine the number and location
of licenses.

"There's a lot of hoops a nonprofit would have to jump through. ...
That's because we want a quantity of medical cannabis that is
sufficient and a quality product," Busemeyer said.

The regulations also have a section to protect a patient in the
program from arrest or prosecution by the state of New Mexico.

In August 2007, agents with a regional drug task force raided the home
of a southeastern New Mexico man certified to use medical marijuana,
and seized several marijuana plants from him.

The regulations let the Health Department verify for state law
enforcement officers that someone is eligible to have marijuana under
the program. "We have done that, and then there has not been an
issue," Busemeyer said.

The rules also allow the state to monitor to make sure people are
following the law-for example, that a patient licensed to grow
marijuana for personal use has only the amount allowed.

Public comments prompted some changes before the regulations became
final.

The department revised rules on verifying applicants' information and
changed application fees for patients who apply to produce marijuana,
allowing the state to waive the fee depending on a person's income.
The final rules also allow patients to possess more than 6 ounces of
medical marijuana if a medical practitioner explains why a larger dose
is needed.

The law that established the program lets people petition to add other
medical conditions. The Health Department's Medical Advisory Board
plans a a public hearing in Albuquerque on Jan. 15 to review petitions
for additional conditions.

The department also will put together an annual report to the health
secretary about whether patients' needs are being met and whether a
state-run production and distribution facility might be needed.

"We wanted to put something in our regulations that provided for an
assessment of how the program is working," Busemeyer said. Officials
want to make sure it not only meets patient needs, but also protects
public safety, she said.