Pubdate: Wed, 04 Sep 2013
Source: Albuquerque Journal (NM)
Copyright: 2013 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Thomas J. Cole

STATE MAINTAINS POT PROGRAM SECRECY

Looking for the name and address of a New Mexico medical marijuana 
dispensary? Do a Google search for "New Mexico medical marijuana 
dispensary." Looking for a doctor who specializes in certifying 
patients for medical marijuana use?

Do a Google search for "New Mexico medical marijuana doctor."

Six years after implementation of the state's medical marijuana 
program, most, if not all, of the licensed 23 pot dispensaries and 
many of the doctors are out of the closet.

Yet the New Mexico Health Department continues to shroud the program 
in secrecy.

Under its rules for the program, the department not only refuses to 
release the names of the licensed nonprofit dispensaries, but the 
names of the people associated with the dispensaries, which produce 
and sell medical marijuana.

Several years ago, the Health Department did provide arrest records 
for people associated with organizations seeking dispensary licenses 
but blacked out the names. The records showed arrests and/or 
convictions for prostitution, drug dealing and other crimes. We don't 
know whether any of those with criminal records ended up working in 
licensed dispensaries.

Department spokesman Kenny Vigil says that despite the names and 
addresses of dispensaries being available on the Internet and 
elsewhere, the agency has no plans to revoke the confidentiality rule.

"The product is for patients and there is no reason for the general 
public to know about these locations," Vigil said in an email. "One 
reason for the confidentiality provision is security of producers and patients.

"Some producers have made their contact information public; but even 
in those cases, they don't typically make their production locations 
public. Producer information can also lead to the discovery of 
patient information."

The Health Department does provide a list of licensed dispensaries to 
patients whose doctor certifications for use of medical marijuana are 
approved by the department.

Rules for the medical marijuana program require the department to 
maintain a confidential file that includes the names of doctors who 
certify patients, but the department says it doesn't currently 
compile reports on the number of patients certified by each doctor.

My Journal colleague Colleen Heild reported last month on testimony 
before the state Medical Board that doctors have certified patients 
over the phone or via Skype.

A total of 965 medical providers have certified patients for medical 
marijuana use since the program began, according to the Health 
Department, but some doctors are certifying a disproportionate share. 
A doctor recently disciplined by the Medical Board said he certified 
more than 1,000 people.

Knowing which doctors are certifying large numbers of patients could 
help explain why some counties have high rates of enrollment in the 
medical marijuana program.

For example, Sierra and Mora counties each have about 13 patients in 
the program per 1,000 residents, according to my analysis of Health 
Department data. The statewide rate is fewer than 5 patients per 
1,000 people. Some counties have rates as low as 1 per 1,000.

Vigil said any attempt by the department to explain why enrollment 
rates vary widely among counties would be speculation.

Supporters of the medical marijuana program have said that disclosing 
names of certifying doctors could have a chilling effect on those 
doctors because pot production, sales and possession remain illegal 
under federal law.

But the U.S. Department of Justice made it clear just last week that 
it isn't interested in challenging state laws that allow for medical 
and recreational use of marijuana as long as use is strictly 
regulated to avoid sales to minors, drug trafficking and other major problems.

As of July 31, there were 9,607 patients in the New Mexico medical 
marijuana program. Post-traumatic stress disorder is the top 
qualifying condition for the program, with 4,068, or more than 40 
percent, of the patients. Chronic pain is the No. 2 qualifying 
condition, with 2,773 patients.

When the program was being debated in the Legislature, supporters 
said medical marijuana would ease pain, nausea and other symptoms 
caused by illnesses like cancer and their treatment.

Health Department rules require the agency to keep a file on 
patients, but the agency doesn't currently track demographic 
information for the patients other than qualifying condition, county 
of residence and date of birth.

The average age of patients in the program is 49, Vigil said.
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MAP posted-by: Jay Bergstrom