Pubdate: Fri, 01 Feb 2002 Source: Denver Rocky Mountain News (CO) Copyright: 2002, Denver Publishing Co. Contact: http://www.rockymountainnews.com/ Details: http://www.mapinc.org/media/371 Author: Gilbert Gallegos Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) NEW MEXICO MEDICINAL POT LAW MIGHT FACE CHALLENGE The New Mexico Attorney General's Office is raising a red flag over a provision added to the medicinal marijuana bill making its way through the Legislature. Assistant Attorney General Michael Cox warned in an analysis of the bill that a change designed to make the measure comply with federal law might actually make it unconstitutional. The Senate Public Affairs Committee revamped the measure, Senate Bill 8, to allow the state to cultivate and distribute marijuana to patients suffering from specific debilitating illnesses. The committee also added language that says the state law should comply with federal law. Similar language was used for a medicinal marijuana bill passed by the Senate in 2001. Last year's bill never made it out of the Legislature. Later that year the U.S. Supreme Court issued a ruling that barred a cooperative in Oakland, Calif., from cultivating and distributing marijuana to sick patients. Cox, in his analysis of the substitute for SB 8, said New Mexico may be headed for trouble if it ties the state law to the federal Controlled Substance Act - which the Supreme Court said does not make an exception for the medical use of marijuana. The Supreme Court case "suggests that any medical use of cannabis would be illegal under federal law and therefore the entire Act (Senate Bill 8) may be invalid on its terms unless the federal law changes," wrote Cox, the director of criminal prosecutions for the AG's Office. The analysis does not represent a formal attorney general's opinion. One legislator has requested a formal opinion, but a spokeswoman for Attorney General Patricia Madrid said the office would offer only the bill analysis during the legislative session. Cox suggested that the bill could be changed in one of two ways. He wrote that New Mexico could follow the lead of Montana or the District of Columbia, which have similar laws that would only go into effect if the federal government changes marijuana from a Schedule I drug to a Schedule II or lower-class drug. That change would allow physicians to prescribe marijuana. Cox also suggested that if the bill is changed to remove the provision dealing with federal law, the state might be able to defend the law against another possible constitutional challenge. He said if the state grows and distributes marijuana, or allows individuals to do so for medical use only within New Mexico, it could argue that that is intrastate commerce. "It could be argued that the Congress does not have the authority under the Commerce Clause to make that conduct illegal," Cox wrote. - --- MAP posted-by: Josh