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New Mexico Resumes Medicinal Marijuana Program
August 17, 2007 at 19:37:02 PT
By Barry Massey, The Associated Press
Source: Associated Press
Santa Fe, NM -- Gov. Bill Richardson ordered the state Health Department today to resume planning of a medical marijuana program despite the department's worries about possible federal prosecution.
However, the governor stopped short of committing to implement a state-licensed production and distribution system for the drug if the potential for federal prosecution remains unchanged.
The department announced earlier this week that it would not implement the law's provisions for the department to oversee the production and distribution of marijuana to eligible patients. That decision came after Attorney General Gary King warned that the department and its employees could face federal prosecution for carrying out the law, which took effect in July.
The distribution and use of marijuana are illegal under federal law.
Today, Richardson directed the department to plan for full implementation of the program, such as preparing the regulations that will permanently govern how it operates.
Under the law, the department is to issue the rules by October, including for licensing marijuana producers and developing a system to distribute the drug to qualified patients.
However, Gilbert Gallegos, a spokesman for the governor, said a decision would be made later whether to implement the production and distribution system if federal prosecution remained possible.
Gallegos said the administration was pursuing possible "legal options" to allow the state to provide patients with access to medical marijuana. He said he could not provide details of what was being considering.
The new state law allows the use of marijuana for pain or other symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord injuries.
New Mexico is the 12th state to legalize marijuana for certain medical uses, but it's the only one calling for state-licensed production and distribution of the drug.
King advised the state department that U.S. Supreme Court rulings make clear that the manufacture and distribution of marijuana -- even for medical use -- is illegal and that federal authorities have prosecuted people for growing medical marijuana.
Even before Richardson's announcement, the department planned to continue to certify patients as eligible to possess marijuana. That protects the individuals from state prosecution, but it leaves them to find their own supply of marijuana -- potentially growing it themselves or obtaining it from friends or drug dealers.
About 30 patients have been approved to participate in the program since the law took effect.
Advocates of the program applauded Richardson's decision to have the state prepare to implement a system for producing and distributing marijuana to patients.
"My biggest problem is finding marijuana," Aurore Bleck of Santa Fe, who has enrolled in the state program, said in a statement. "The control and distribution of medical marijuana through legal, safe channels under the jurisdiction of the state of New Mexico has so much potential for good."
August 17, 2007 at 19:37:02 PT
By Barry Massey, The Associated Press
Source: Associated Press
Santa Fe, NM -- Gov. Bill Richardson ordered the state Health Department today to resume planning of a medical marijuana program despite the department's worries about possible federal prosecution.
However, the governor stopped short of committing to implement a state-licensed production and distribution system for the drug if the potential for federal prosecution remains unchanged.
The department announced earlier this week that it would not implement the law's provisions for the department to oversee the production and distribution of marijuana to eligible patients. That decision came after Attorney General Gary King warned that the department and its employees could face federal prosecution for carrying out the law, which took effect in July.
The distribution and use of marijuana are illegal under federal law.
Today, Richardson directed the department to plan for full implementation of the program, such as preparing the regulations that will permanently govern how it operates.
Under the law, the department is to issue the rules by October, including for licensing marijuana producers and developing a system to distribute the drug to qualified patients.
However, Gilbert Gallegos, a spokesman for the governor, said a decision would be made later whether to implement the production and distribution system if federal prosecution remained possible.
Gallegos said the administration was pursuing possible "legal options" to allow the state to provide patients with access to medical marijuana. He said he could not provide details of what was being considering.
The new state law allows the use of marijuana for pain or other symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord injuries.
New Mexico is the 12th state to legalize marijuana for certain medical uses, but it's the only one calling for state-licensed production and distribution of the drug.
King advised the state department that U.S. Supreme Court rulings make clear that the manufacture and distribution of marijuana -- even for medical use -- is illegal and that federal authorities have prosecuted people for growing medical marijuana.
Even before Richardson's announcement, the department planned to continue to certify patients as eligible to possess marijuana. That protects the individuals from state prosecution, but it leaves them to find their own supply of marijuana -- potentially growing it themselves or obtaining it from friends or drug dealers.
About 30 patients have been approved to participate in the program since the law took effect.
Advocates of the program applauded Richardson's decision to have the state prepare to implement a system for producing and distributing marijuana to patients.
"My biggest problem is finding marijuana," Aurore Bleck of Santa Fe, who has enrolled in the state program, said in a statement. "The control and distribution of medical marijuana through legal, safe channels under the jurisdiction of the state of New Mexico has so much potential for good."
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