Pubdate: Sat, 10 Jul 2010 Source: Las Cruces Sun-News (NM) Copyright: 2010 Las Cruces Sun-News Contact: http://www.lcsun-news.com/ Details: http://www.mapinc.org/media/674 Author: Jason Gibbs DONA ANA COUNTY HAS ONE OF SIX NEW LICENSED MEDICAL MARIJUANA PROVIDERS LAS CRUCES -- You won't likely see a flashing neon sign touting medical marijuana sales between your favorite fast-food joint and the corner pharmacy in Las Cruces any time soon. But high demand for what many claim is a natural remedy to chronic illnesses has led the New Mexico Department of Health to authorize the first nonprofit producer of medical cannabis program in Dona Ana County -- one of six additional nonprofit producers for medical cannabis. There are now 11 nonprofits licensed to produce medical cannabis for patients in New Mexico. The six new nonprofits announced Friday are in Dona Ana, Harding, Lea, Catron, Cibola and Bernalillo counties. Statewide, there are 1,952 registered patients. The state will not release the identities or addresses of medical pot providers. Of 122 Dona Ana County residents who have state certification to consume cannabis for medical reasons, only 46 are licensed to grow their own marijuana. That leaves the remaining 76 to find their pot on the streets, or turn to approved producers in Santa Fe, Cibola and Bernalillo counties. The additional producers will ease that pain. "We have really moved slowly to approve additional producers, or even to approve our first one, because we want to make sure we develop a system in New Mexico where patients do have access to the medical cannabis they need without creating an excess supply," Deborah Busemeyer, department spokeswoman, said. The department approved the first nonprofit producer in March 2009 and four more in November 2009. Nonprofit producers are allowed to have 95 mature plants and seedlings and have an inventory of usable medical cannabis for patients. Patients can also apply to produce their own supply of medical cannabis and are allowed to have four mature plants and 12 seedlings. Under current regulations, a patient suffering from any number of debilitating, painful or terminal conditions can seek a doctor's recommendation for cannabis use. They are then directed by the health department to a regional provider. While some patients do grow their own supply, it is sometimes a sticky situation when it comes time to finding a provider. "What it is going to do is give greater access to people in all regions of the state," said Chris Minnick, DOH spokesman in Las Cruces. "It's going to give greater access to all areas of the state." But the methodical introduction of producers and providers has been tricky, Busemeyer said. "The state law was crafted so it gave the department of health the authority to set up a production and distribution system ... to avoid some of the problems in other states where patients have no access or unregulated access, such as California," she said. "Trying to manage a program that is legal under state law but illegal under federal law is challenging. One of the comments we heard from law enforcement is 'don't produce for yourself as a patient,'" she added. Should a producer be questioned, law enforcement will contact the state to verify the legality of anyone who claims to have a state recommendation. As long as people have a prescription for it and don't break any other laws -- such as driving under the influence, or anyone who is legally growing for personal use but also selling pot -- there is not an excessive concern for law enforcement, said Bo Nevarez, an investigator with the Dona Ana County Sheriff's Department. "I think there is not any concern as long as they have the prescription and can prove they are doing it legally," he said. However, "there is a concern" about those who operate outside the law. Presenting a false certification or selling marijuana will still get you busted. "A false prescription can yield two crimes, one for the false prescription and one for possession," he said. - --- MAP posted-by: Keith Brilhart