LOCAL NURSE BRINGS THE MEDICINAL CANNABIS FIGHT TO THE FEDS

Psychiatric nurse Bryan Krumm's opinion of the state's medical
marijuana program is not an uncommon one. "Until they can keep the
federal government out of the program, they are not going to be able
to make our program functional."

The Department of Health established regulations regarding the growth
and distribution of medical marijuana last week. The department
accepting applications from nonprofit businesses interested in
producing medical marijuana.

Krumm filed suit against the U.S. attorney and others general in
District Court to combat federal interference, and he's using a
stipulation in the Controlled Substances Act to do it.

The act is broken into "schedules," which are classifications for
various drugs. Marijuana is listed in the most restrictive category,
Schedule I. According to the act, these drugs have no medical uses.
Cocaine and opiates are listed as Schedule II drugs, because they
have medical applications.

Krumm works at Sage Neuroscience Center in Albuquerque. He argues
that once California created a medical marijuana program in 1996,
cannabis should have been bumped to a less restrictive schedule.
"Once it has accepted medical use," says Krumm, "it no longer meets
criteria for placement in Schedule I." Krumm says his is the first
lawsuit in the country that is using the Controlled Substances Act
itself to justify the removal of marijuana from Schedule I.

He tried asking the state to move marijuana to a lower schedule in
the state's Controlled Substances Act, but the New Mexico Pharmacy
Board refused. "It was just an attempt to get it out of this
arbitrary placement," he says. "Right now in the state of New Mexico,
it's listed both in Schedule I and Schedule II."

William Harvey, executive director of the Pharmacy Board, says it's
not up to the board to move a drug from one schedule to another. It's
up the the Legislature, he says."The Legislature has given the
board the ability to schedule substances that aren't recognized
yet-like there's always chemicals or drugs that are invented. But the
board can't take something that's already in a schedule and move it
to another one unless the Legislature has given us the authority. And
it hasn't."

But Harvey added there's no doubt state law permits medicinal
marijuana through the Department of Health. Marijuana is listed in
Schedule I under the state's Controlled Substances Act. It's also
part of Schedule II, but only for use by certified patients in the
state's medical cannabis program. Marinol, which is synthetic THC, is
categorized in Schedule III.

Krumm will argue his case against the federal government in a couple
of months. If he succeeds in proving the Drug Enforcement
Administration has been illegally maintaining Schedule I placement of
marijuana, it would open options for people around the country.

Rescheduling would prevent the federal government from saying it's
against federal law for these state programs to operate, he says.
"There are so many people who are suffering needlessly for lack of a
needed medication," Krumm adds. "Marijuana has unique therapeutic
value that can't be mimicked by any other class of medication. It's
one of the safest therapeutically active substances known to man."'

The state's Medical Advisory Board will hold a hearing Thursday, Jan.
15, to consider adding illnesses to the list of those that qualify
patients for the state's medical cannabis program. Go to Los Griegos
Community Center at 1231 Candelaria NW at 9 a.m.