STATE TO LET PATIENTS GROW THEIR OWN POT

When lobbyists rallied this year at the Roundhouse to legalize
medical marijuana, they distinctly said patients wouldn't be growing
this mind-altering herb. Rather, the state Health Department would
create a secure production and distribution system - the first state to do so.

After years of failed attempts, the measure won approval, making New
Mexico the 12th state with such a law. Now, as the law is about to go
into effect Sunday, the message has changed. In a surprise move
Thursday, the Health Department unveiled a provision that allows
patients to grow a limited number of marijuana plants with protection
from state prosecution.

That angered the law-enforcement community. Jim Burleson, director of
the state sheriffs' and police association, said having individual
growers in the state could be a big problem.

"If a person is growing their own (marijuana), there is no quality
control and no quantity control - and it's absolutely contrary to
what was discussed at the (legislative) session," he said.

Also, it "sets up" patients for a high amount of scrutiny from
federal law-enforcement agencies, he added. Using or distributing
marijuana is illegal under federal law, and state law cannot protect
violators from federal prosecution.

The Health Department says qualified patients and caregivers may
cultivate as many as four mature marijuana plants and three immature
marijuana seedlings. The rule also gives the Health Department the
power to audit the number of plants at a patient's home, said Dr.
Steve Jenison, the program's medical director. Jenison said even if a
state-licensed production and distribution system is put in place,
patients would still have the option to grow marijuana plants at
home. Jenison said the Health Department decided to allow patients to
grow pot because a state-run system could be months in the making, if
it happens at all. Under the new law, the Health Department is
supposed to issue rules about developing the production and
distribution system by Oct. 1.

Because of a potential conflict between state and federal law (the
federal government still views marijuana as an illicit drug that has
no medicinal properties), the Health Department is seeking advice
from the Attorney General's Office for the best way to carry out that
aspect of the new law.

"We cannot proceed ... until we have a better understanding of the
legal implications," Jenison said. Burleson was unaware of this
development until the Health Department issued a news release about
the Medical Cannabis Program on Thursday. Though the Health
Department invited various law-enforcement associations to planning
meetings about how to implement the new law, most refused to participate.

Burleson said the association's lawyer warned against taking part in
the planning sessions, "lest we be considered co-conspirators in
distributing a controlled substance."

Jenison said the Health Department won't give patients information on
where to obtain seeds or plants or how to grow marijuana.

But Burleson asks, "Where is the first seed or plant going to come
from? That's going to be the first illegal act." Patients who don't
want to grow marijuana must find a way to obtain their medicine on
the black market - at least for now. Patients and caregivers on the
state's registry can possess up to 6 ounces of marijuana and be
protected from state prosecution, as long as they don't use it fraudulently.

"This program is about providing much-needed relief for New Mexicans
suffering from debilitating diseases," Dr. Alfredo Vigil, the new
health secretary, said in a news release. "We will also monitor the
use of medical marijuana and prevent abuse."

The law is limited to people with conditions such as cancer,
HIV-AIDS, glaucoma and multiple sclerosis.

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A USER'S GUIDE TO THE STATE'S NEW MEDICAL-MARIJUANA LAW

1. Fill out an application for the Health Department's Medical
Cannabis Program. Starting Monday, forms will be available at
www.nmhealth.org, or call Melissa Milam at 827-2321.

2. Make an appointment with a physician. A New Mexico-licensed
physician must certify you have one of the qualifying conditions,
explain how that condition is debilitating for you and advise that
the potential benefits of using marijuana outweigh the potential
harms for your situation. Qualifying conditions are limited to
cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of
the spinal cord with intractable spasticity, epilepsy and HIV-AIDS.
If your condition isn't on the list, you can appeal to the program's
medical advisory committee.

3. By law, the state has up to 30 days to process an application. At
this time, no fee is charged. Dr. Steve Jenison, medical director for
the new program, will call your doctor and discuss your case.

4. Approved patients and primary caregivers will receive plastic
cards that say they are immune from state prosecution for possessing
up to 6 ounces of medical marijuana (considered a three-month supply)
or cultivating a specified number of plants. However, the new law
cannot protect patients or caregivers from federal prosecution. The
registry of patients is confidential, but police can call the Medical
Cannabis Program to confirm whether someone is a legitimate card-holder.

5. For now, patients and caregivers must obtain marijuana or
marijuana plants on the black market. The Department of Health will
not provide assistance. Drug dealers are not protected by the law.

6. Patients must research their own information about the proper
dosage and method of intake for their condition. Don't count on
pointers from the Health Department or your doctor. "Their physicians
will likely feel constrained in making specific recommendations,"
Jenison said.