STATE MOVES GINGERLY AHEAD WITH MEDICAL MARIJUANA LAW

ALBUQUERQUE - Eighteen months after New Mexico enacted a
first-of-its-kind medical marijuana law, the state is moving gingerly
ahead, mindful that the closely watched program could go up in smoke
because it conflicts with federal law.

New Mexico's statute, which took effect in July 2007, differs from 12
other states that have approved medical marijuana legislation in one
major way - state health officials will oversee a production and
distribution system.

To borrow the street metaphor, the state needs a dealer.

Of course, that puts New Mexico's Health Department sideways with
federal drug laws that make it illegal for anyone to possess, grow or
distribute marijuana. It's also illegal under federal law to solicit
someone for those purposes.

The new administration of President Barack Obama isn't likely to
change anything - not immediately anyway.

"This is a matter of the law and the law hasn't changed," said Rafael
Lemaitre, spokesman for the National Office for Drug Control Policy.
"It's still illegal to grow, possess and distribute marijuana."

He said he couldn't discuss specifics of the New Mexico
plan.

Bruce Mirken of Marijuana Policy Project, a Washington-based advocacy
group, said New Mexico is being closely monitored because it is
apparent that state officials have put a lot of thought into the program.

"Theoretically, what New Mexico is trying to do makes a great deal of
sense," he said. "We'll see how it plays out. But it certainly makes
sense for patients to have someplace they can go that is reliable and
safe to get their medicine."

Greg Fouratt, the U.S. attorney in New Mexico, described the conflict
as "a difficult situation" but said the law is unambiguous.

"The state can't legalize something and then prevent federal
authorities from prosecuting the same thing, if they choose to do so,"
he said.

And what if the new Obama administration decides to change federal
law?

"I can't imagine that would be a priority, but we'll do what we're
told," Fouratt said.

Since the statute took effect, 207 patients have been licensed, able
to possess up to 6 ounces of marijuana. Officials are only now
beginning to implement the production and distribution side of the
program.

State Health Department spokeswoman Deborah Busemeyer said New Mexico
has moved carefully, especially in developing tight requirements for
any business that hopes to grow or distribute marijuana on behalf of
the state.

So far, health officials have received just one application.
Identities of participants - patients, producers and distributors -
are protected by the state's confidentiality rules.

However, Busemeyer said all applicants are rigorously screened and,
because of safety concerns for patients and producers, there is a long
list of regulations. For example, only nonprofit businesses can grow
the drug.

"It is important to have people who, as a business, have expertise
with herbs or medicine to ensure they are able to grow medical
cannabis in a way that ensures both quantity and quality," Busemeyer
said.

While licensed patients, growers and distributors are protected
against state prosecution under the law, she said all applicants are
warned there is no protection against potential federal action.

Asked about the federal conflict, Busemeyer said state health
officials are merely following marching orders they were given by New
Mexico lawmakers.

"We tried to create a program that does what it intended to do," she
said.

Patients can be licensed in New Mexico if a doctor certifies they are
chronically suffering from cancer, glaucoma, multiple sclerosis,
epilepsy, AIDS and certain spinal cord injuries. Hospice patients are
also eligible.

After a recent petition hearing in Albuquerque, an advisory committee
recommended adding eight more conditions for the list, including Lou
Gehrig's disease, fibromyalgia and post-traumatic stress disorder.

The federal issue has been evident during development of the
law.

In August 2007, one month after the statute took effect, New Mexico
Attorney General Gary King warned that the Health Department and its
employees could face federal prosecution for implementing the act.

Gov. Bill Richardson told the agency to move ahead with the program,
but the state later pulled back from direct involvement in production
and distribution, choosing to have the nonprofits perform that work
instead. "A lot of states have been uneasy about trying to organize
distribution of medical marijuana because of a fear of the feds,"
Mirken said. "If the feds would get out of the way, it would be much
easier."

Rather than flouting legal differences with federal law, Busemeyer
said state health officials are emphasizing the strict controls
they're building into the system, along with what they believe are
significant benefits to patients.

"We wish federal law was as progressive as our law, which recognizes
there are people with debilitating conditions," she said. "They can't
get relief anyplace else but medical cannabis."

Fouratt called it "an unenviable position" to prosecute any patient
who carries a doctor's prescription to treat an illness.

"But that's a judgment made by Congress," he said. "Until Congress changes
the law, it is the responsibility of the executive branch to enforce it.
Now, what a jury would do? That's something that is down the road."