Pubdate: Sat, 11 Aug 2007
Source: New Mexican, The (Santa Fe, NM)
Copyright: 2007 The Santa Fe New Mexican
Contact: http://www.freenewmexican.com/emailforms/letters.php
Website: http://www.freenewmexican.com/
Details: http://www.mapinc.org/media/695
Author: Deborah Baker, Associated Press
Note: Details about the Compassionate Use Act are at 
http://www.drugpolicy.org/about/stateoffices/newmexico/medmj/
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

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. 	 
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MAP posted-by: Richard Lake