AG: STATE WORKERS COULD FACE CHARGES FOR MARIJUANA LAW

Medical Approval in New Mexico Doesn't Make Pot Less Illegal to Feds

The state Department of Health and its employees could face federal
prosecution for implementing New Mexico's new medical-marijuana law,
the attorney general has cautioned.

And they wouldn't get any help from the attorney general: That office
isn't authorized to defend state workers in criminal cases, according
to a letter released Thursday.

New Mexico as of July 1 has a medical-marijuana program run by the
state Department of Health that not only legalizes the use of
marijuana by certain patients but provides for state-licensed
production and distribution of the drug.

Thus far, 48 patients have applied for the program, and half have
been approved, according to the department. Seven applicants were
rejected, and 17 have been asked to provide more information.

The approved patients get temporary certificates allowing them to
possess a three-month supply of marijuana, including plants.

The law requires the department to issue rules by Oct. 1 for
licensing producers and developing a distribution system.

That provision is unique among the dozen states that have legalized
medical marijuana, and department officials asked the attorney
general at the end of May to assess their exposure to prosecution.

In a letter dated Aug. 6, lawyers in Attorney General Gary King's
office said the department and its employees or representatives "may
be subject to federal prosecution for implementing the Compassionate Use Act."

There was no immediate reaction from the department.

"We've just received the letter, and we're going to discuss what our
next step will be," said spokeswoman Deborah Busemeyer.

The letter said the U.S. Supreme Court has concluded the manufacture
and distribution of marijuana -- even for medical use -- is illegal,
and federal authorities have prosecuted citizens for growing medical marijuana.

While medical-marijuana proponents might argue that federal
authorities have shown little enthusiasm for prosecuting patients --
and no interest in prosecuting states for setting up registries and
identification card programs -- the department or its employees could
be prosecuted, the letter said.

"The production and distribution of marijuana is still a crime at the
federal level ... and that is something that state laws can't
change," said Tom Riley, spokesman for the Office of National Drug
Control Policy.

"Whether or not a case is brought is up to the U.S. attorney and the
Department of Justice," he said.

Two weeks ago, federal agents raided 10 medical-marijuana clinics in
Los Angeles, arresting clinic owners and managers but not patients.

The U.S. Drug Enforcement Administration says the clinics are
distribution points for illegal drugs.

White House drug czar John Walters criticized Gov. Bill Richardson in
April for signing the bill, calling it irresponsible and saying it
would worsen the state's illegal drug use problem.

Walters also claimed Richardson -- who is running for the Democratic
nomination for president -- was trying to curry the favor of wealthy
marijuana-legalization advocates.

The law requires the Health Department to develop a medical-marijuana
distribution system with production facilities "within New Mexico
housed on secure grounds and operated by licensed producers."

Distribution of marijuana would take place at locations designated by
the department.