Pubdate: Sat, 10 Jul 2010
Source: Silver City Sun-News (NM)
Copyright: 2010 Silver City Sun-News
Contact: http://www.scsun-news.com/silver_city-contact_us
Website: http://www.scsun-news.com/
Details: http://www.mapinc.org/media/3901
Author: Jason Gibbs

CATRON, DONA ANA COUNTIES HAVE LICENSED MEDICAL MARIJUANA PRODUCERS

LAS CRUCES -- You won't likely see medical marijuana advertised at 
the corner pharmacy just yet, but regional delivery of the 
state-approved treatment is closer to reality.

Six new nonprofit producers for the state's medical cannabis program 
have been approved.

Grant County's 60 patients certified by the state to use medical 
marijuana will soon be able to travel to Dona Ana County or Catron 
County instead of the state's larger communities in the north.

The six new nonprofits announced Friday are in Dona Ana, Harding, 
Lea, Catron, Cibola and Bernalillo counties. Statewide, there are 
1,952 registered patients.

Of 122 Dona Ana County residents who have a 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 problem.

"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," said Deborah 
Busemeyer, health department spokeswoman.

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. 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.

"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 selling to 
someone without a doctor's recommendation -- there is not an 
excessive concern for law enforcement, said Bo Nevarez, an 
investigator with the Dona Ana County Sheriff's Office.

"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," for those who operate outside approved laws.

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