Deborah Baker
August 16, 2007Associated Press
SANTA FE, N.M. — New Mexico will not grow medical marijuana for seriously ill patients for fear that the federal government could prosecute state workers, but will continue to certify which patients are eligible to possess the drug.

The state health department said Wednesday it will not comply with a portion of the new medical marijuana law that requires it to oversee production and distribution of the drug. It will still certify patients as eligible to possess marijuana, protecting them from state prosecution.

'The Department of Health will not subject its employees to potential federal prosecution, and therefore will not distribute or produce medical marijuana,' said Dr. Alfredo Vigil, who heads the agency.

The decision came after state Attorney General Gary King cautioned last week that the agency and its employees could face federal prosecution for implementing the new law, and that his office can't defend state workers in criminal cases. Marijuana is illegal under federal law.

The attorney general's office, which acts as legal counsel for state agencies, was pleased with the health department's decision, spokesman Phil Sisneros said.

Medical marijuana advocate Reena Szczepanski said the department is 'leaving itself vulnerable to a lawsuit' for not complying with the law. She urged the agency to reconsider so patients would be able to get the drug from a source that's legal under state law.

'I remember certain legislators talking about how they didn't want their grandmother to have to go into some alley and deal with some criminal element,' said Szczepanski, a lobbyist for Drug Policy Alliance New Mexico who helped push the legislation through this year.

Medical marijuana advocates say no state employee ever has been federally prosecuted for implementing a state medical marijuana law.

Sen. Gerald Ortiz y Pino, an Albuquerque Democrat who pushed for medical marijuana legalization, said he was frustrated that issues thoroughly aired during the legislative process are now being cited to hold up full enactment of the law.

'The solution is the governor,' he added, noting that Gov. Bill Richardson had supported the legislation.

A message seeking comment was left with Richardson's staff. Richardson, who is running for president, is campaigning in Iowa this week. If nothing changes, Ortiz y Pino said, the matter will be brought before the Legislature in January.

Thirty patients have been approved to participate in the program since the law took effect July 1, according to a department spokeswoman.

New Mexico — alone among the dozen states with medical marijuana laws — requires that the state license marijuana producers and develop a distribution system. The rules were to be issued by Oct. 1. The department will go ahead with the process of making the permanent rules, said spokeswoman Deborah Busemeyer.

'What we're doing now is what every other state is doing that has a medical marijuana law. ... Those states have set a precedent in being able to successfully do that,' she said.

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The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. United State Constitution, Art. I Sec. 9 Par. 2

"Dissent is the Highest form of Patriotism" -- Howard Zinn

thanks for the news. i have alot of family down their and im glad thier finally getting to grow some weeds.

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LetHerBurn

So how are people supposed to get their meds? If the state has to license and oversee the distribution but they are refusing to do it under the basis of fear of prosecution, how are people who got a prop card getting their stuff?

Freaking red tape, I swear they try to red tape people to death in this country.

I think this "news" is a little out of date. A lot has changed since 2007. This "news" is actually "olds."

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RIYou have inspired me to grow better buds.

hmm yea that is old. in new mexico they have to rely on mexican dirt weed that has seeds growing in it. they find it cheap but that weed does not have the same medicinal properties. i feel bad for the people thaT dont have good weed. marijuana was put on earth by god so every one could be happy and enjoy living and what life has to give. now days thiers alot of alcoholics being careless and thrashing our country causeing abuse and alot of harm to kids of the future only learning about how to be mad and be lazy and carless. the earth changes as we change. how long will the earth be here for ous? well besides that partyings always fun in a controlled enviromen t

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LetHerBurn

There's good weed in New Mexico, believe me, I grew up there. It's just a little harder to find if you don't live in the Albuquerque/Santa Fe area.

you guys have no clue.. im sorry .. new mexico is the new cali.. watch out

so new mexico has now licensed producers to grow the cannabis for the state.. there are 2 that have already been approved

yeah new mexico wussed out and instead of the state growing the bud, they are hiring non profit co. to grow it.. I liked the idea of new mexico gov actually growing it.. I wanted to see the the federal gov prosecute the state.. lmao