New Mexico

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Electing Compassionate Reps in New Mexico

The Drug Policy Alliance
Wednesday, May 31, 2006


New Mexico's entire House of Representatives is up for election in 2006, meaning that voters have an opportunity to elect officials who will support medical marijuana legislation.

Medical marijuana bills passed the state Senate in both 2005 and 2006, but were held up by a handful of opponents in the House. The Drug Policy Alliance Network (DPAN), DPA's lobbying arm, is now working to make sure voters know where the House candidates stand on this issue in time for the June 6 primary.

DPAN sent a questionnaire to all the candidates in contested primaries about their positions on medical marijuana. Those who responded affirmatively agreed to the statement, "Yes, if elected, I would vote to support limited access to medical marijuana for the sick and dying patients of New Mexico when recommended by their medical provider."

However, many candidates have not yet returned the questionnaire. Medical marijuana supporters in New Mexico are now calling the candidates who have not responded to let them know that this is an important public health issue and ask where they stand.

"Supporters of legal access to medical marijuana have been incredibly involved during the legislative sessions in New Mexico. They have become comfortable calling their legislators, writing letters, and even visiting them at the Capitol. This is the next step - taking action to choose who those legislators will be. It is critical that we elect a compassionate majority to the House," said Reena Szczepanski of DPAN in New Mexico.

After the June 6 primary, DPAN supporters will ask the final candidates to support medical marijuana. DPAN will obtain positions on medical marijuana from the final candidates in each contested House district, and publish another scorecard before the November general election.

Alerting voters to the positions of the candidates will help to ensure that the makeup of the new House of Representatives accurately reflects the wishes of the vast majority of New Mexicans, who support access to medical marijuana for sick and dying patients.

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<span class=postbold>See Also:</span> Governor's Race: Damron out, Dendhal in
<span class=postbold>See Also:</span> Roadhouse Roundup: Governor's name to grace movie screens

Richardson rakes in campaign funds

By STEVE TERRELL | The New Mexican
October 11, 2006

Gov. Bill Richardson is setting records for raising campaign cash in a New Mexico governor's race.

A report filed Tuesday shows he has taken in about $11.6 million for his re-election effort.

This is more than 50 times the amount reported by his opponent, Republican John Dendahl.

In 2002, Richardson spent about $8 million to get elected.

Richardson's campaign reported it has raised more than $3 million since July, when the last round of financial disclosures was filed with the Secretary of State's Office. Richardson, whose campaign has helped fill the airwaves with a series of television spots, reported spending nearly $5 million in the past three months.

Dendahl reported raising just over $205,000 in campaign funds since July. Dendahl has spent more than $71,000, leaving $192,463 in the bank.

Among Richardson's contributors was George Soros, a financial speculator, stock investor and liberal political activist, who gave $25,000. The Drug Policy Alliance, a drug-law-reform organization on whose board Soros sits, also gave $25,000. Though Richardson last year backed a bill to establish a state medical marijuana program -- an idea DPA favors -- he has consistently derided former Gov. Gary Johnson's efforts to decriminalize marijuana.

Richardson's largest contributor was The Laborer's Political League Education Fund, a Washington, D.C., union organization, which gave $100,000.

Four contributors gave $50,000. These were Controlled Recovery Inc., a Hobbs company; Bren Simon, an Indiana shopping-mall developer and a major Democratic Party contributor; CAP II, an Albuquerque development company; and the Committee on Individual Responsibility, a trial lawyer organization.

Santa Monica, Calif., lawyer Doug Ring and Sunray Gaming of Farmington each gave Richardson $35,000.

Those who gave $25,000 include Service Employees International Union; New York businessman Donald Deutsch; New York investor Bernard Schwartz; Chicago insurance man Peter Nauert; Henry Silverman, chief executive officer of Cendrant Corp. of New York; Cattle Baron Restaurant of Roswell; Phelps Dodge Employees Committee for Responsible Government; Energy Solutions of Salt Lake City; Goldberg, Lindsay and Co., a New York investment firm; Paul Blanchard, part owner of The Downs at Albuquerque and Zia Park racetrack; O.D. McDonald, a partner in The Downs at Albuquerque; and H.L. Capitol Inc. of New York City.

His $20,000 contributors include Forest City Covington New Mexico, which is developing Mesa del Sol south of Albuquerque; Bossier City, La., investor William C. Windham; John Turner Jr., also of Bossier City, La.; The Downs at Albuquerque; Quadrant Management of New York City; and the New Mexico Building and Construction Trades Council.

Richardson's expenditures included funding for several New Mexico statewide Democratic candidates, including a total of $40,000 to land commissioner candidate Jim Baca, $25,000 each to attorney general candidate Gary King and to state auditor candidate Hector Balderas, $10,000 to state treasurer candidate James Lewis and $10,000 to secretary of state candidate Mary Herrera.

He also was quite generous to Democrats in New Hampshire -- home of the first presidential primary. There he dropped $47,500 on Democratic campaign committees.

Dendahl's largest contributors are political committees. The Republican Governors Association contributed $25,000. The campaign of Dendahl's running mate, State Sen. Sue Wilson Beffort, gave $20,000. The state Republican Party kicked in $10,000, while the Santa Fe County GOP gave $7,500.

Other major Dendahl contributors include Santa Fe investor Arthur Cinader and Albuquerque car wash owners John and Alice Jurkins (both gave $10,000). Contributors of $5,000 included Brewer Oil of Santa Fe, CSI Aviation of Albuquerque, Tom Growney Equipment of Albuquerque and Merrion Oil & Gas of Farmington.

Dendahl's contributor list includes two Republicans who have run for the office before -- Santa Fe lawyer Frank Bond, ($1,000) who lost to Bruce King in 1990, and Gary Johnson, ($250) who was governor from 1995 until the end of 2001.

Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com .

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Medical marijuana is an issue of compassion

Julie Roberts Policy Assistant, Drug Policy Alliance of New Mexico
Ruidoso News
Article Launched: 11/16/2006 11:04:45 PM MST

The staff at Drug Policy Alliance New Mexico had the wonderful opportunity of visiting Ruidoso on Nov. 4 and holding a medical marijuana community forum. Ruidoso is truly a charming and beautiful town and we enjoyed our visit - I just wish we could have stayed longer!

Ruidoso community members gathered at the Ruidoso Public Library to learn about legislation to be proposed in 2007 that would provide legal access to medical marijuana in New Mexico. The forum was coordinated by the Drug Policy Alliance New Mexico, the state's leading organization advocating for patients' rights and public health.

"Medical marijuana is an issue of compassion for the seriously ill and dying in New Mexico," said Reena Szczepanski, Director of Drug Policy Alliance New Mexico. "New Mexicans have showed widespread support for this lifesaving legislation, with 81 percent of New Mexico voters supporting legislation that would allow seriously ill patients to use medical marijuana with a doctor's recommendation."

Research acknowledges the medical benefit of cannabis for the seriously ill. The Congressionally Chartered Institute of Medicine released a 1999 report that affirmed the medical value of marijuana for alleviating pain, increasing appetite and decreasing nausea.

Ruidoso residents had the opportunity to ask questions regarding medical marijuana and the upcoming legislation. In 2005 and 2006, The Lynn and Erin Compassionate Use Act, sponsored by Senator Cisco McSorley, came close to passing the Legislature but failed to receive a House floor vote in both years. In 2006, the bill passed the Senate 34-6 with broad, bipartisan support. For the next legislative session, 2007 will be the year that New Mexico joins 12 other states in showing compassion for seriously ill and dying patients.

The Lynn and Erin Compassionate Use Act would allow doctors to recommend medical marijuana for patients suffering from six serious medical conditions, including cancer, AIDS, and multiple sclerosis. These recommendations would be summarized in an application form that the medical provider would submit to the Department of Health. If the application was approved, the patient and their caregiver would receive an identification card. The bill carefully addresses the need for dispensing the medication and calls for the state to license the production, distribution, and dispensing of this medication for patients. This regulation by the Department of Health will ensure a safe and controlled method for providing medical marijuana to patients.

Attendees of the forum expressed enthusiasm and support for the passage of the bill. Community members pledged their help to ensure that policymakers become educated about the issue. Some shared heartfelt personal stories about family members who had benefited from medical marijuana in states that permit its use. Others said that they supported the issue because they want legal access to any medication that their doctor recommended, should they become ill.

Valerie Hubbard, an 18 year resident of Ruidoso and office manager and advocate with DPA New Mexico, commented, "The proposed medical marijuana legislation is about protecting and caring for people in our communities. This is a nonpartisan issue and has wide support among both Democrats and Republicans in our state. Providing patients access to medical marijuana is about reason, compassion and justice, not political affiliation"

Both local and national organizations support legislation that would protect medical marijuana patients, including national organizations such as the American Academy of Family Physicians, The American Bar Association and The American Nurses Association. Local organizations showing support include the New Mexico Public Health Association, Health Action New Mexico and the Catholic Diocese of Gallup.

Drug Policy Alliance New Mexico thanks everyone who came to the forum, and we encourage Ruidoso to continue their interest and support of medical marijuana legislation. New Mexicans can take action by meeting or calling their legislators and discussing their perspectives on medical marijuana legislation. You may also log onto Drug Policy Alliance New Mexico's Web site at www.improvenewmexico.org for more information on medical marijuana and how to get involved in the upcoming legislative session.

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DPA New Mexico Commended by NAACP Branch

Thursday, December 14, 2006
The Drug Policy Alliance

On Saturday, December 9, Drug Policy Alliance New Mexico received a community service award from the Santa Fe branch of the National Association for the Advancement of Colored People (NAACP). The award, given for health advocacy, affirmed DPA-NM's important role in reforming drug policies that strongly impact people of color.

The award read in part, "The NAACP supports drug policy reform on the grounds that drug laws in the United States discriminate against people of color in penalties and enforcement and deny effective treatment to the sick and disabled."

DPA-NM and the NAACP have partnered over the last three years on a range of events. Both groups joined this year to form the Family Justice Campaign, a total of nine organizations working on issues that can improve life for families in New Mexico. The areas of focus range from death penalty reform and drug policy reform to predatory lending practices.

The Family Justice Campaign, with DPA-NM playing a key role, put on a legislative advocacy training this year for the New Mexico state convention of the NAACP. Attendees were trained on talking to legislators about a range of Family Justice Campaign issues, marking a new level of involvement for the NAACP. Reena Szczepanski, director of DPA-NM, said, "It was wonderful working with an organization that has been committed in principle to reforming drug policy but wanted to take it to the next level of getting really active."

In the past, members of the NAACP have testified in support of medical marijuana, a key issue for DPA-NM that will come up again in January with the start of the 2007 legislative session.

The award presented to DPA-NM last weekend touched on this issue with text that read, "The NAACP Santa Fe Branch commends and supports the DPANM in its efforts to legalize medical marijuana and extend treatment to people who suffer from drug addiction."

Szczepanski said, "The involvement of the NAACP in drug policy issues is so important, given the disproportionate impact of the war on drugs on people of color. I am excited about the work we are doing together, and honored that we have been recognized with this award."

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Momentum Builds in New Mexico

The Drug Policy Alliance
Wednesday, January 10, 2007


In New Mexico, the Drug Policy Alliance Network (DPAN) is gearing up for its most ambitious legislative agenda in years. During the legislative session, which runs from January 16 to March 17, DPAN will be working to advance harm reduction, drug treatment, and medical marijuana legislation.

Medical marijuana is a pivotal issue for New Mexico, where more than 80% of voters support making medical marijuana available to seriously or terminally ill patients in order to reduce their pain and suffering from illnesses such as cancer, AIDS, and multiple sclerosis. In the last two years, medical marijuana legislation came very close to passing the legislature, only to be stalled without a full House vote.

"Very ill New Mexicans have been waiting a long time--I hope 2007 will be the year for medical marijuana in New Mexico," said DPAN's Reena Szczepanski. "Legislators know the voters are supportive. In our recent House elections, the only two incumbents that were defeated were medical marijuana opponents."

DPAN will also be working on a harm reduction bill, known as the 911 Good Samaritan bill, to reduce drug overdose deaths. The most common reason people cite for not calling 911 for help when they witness an overdose is a fear of police involvement--people using drugs are afraid to be arrested for possession of illicit substances. This bill would prevent those arrests and give amnesty to people seeking medical help for a drug overdose. New Mexico has the highest rate of drug overdose deaths in the country, so this lifesaving bill would have a significant public health impact. One person dies nearly every day in New Mexico of a drug overdose.

DPAN is also promoting a number of treatment bills. One would increase Medicaid coverage of substance abuse treatment services, and another would expand eligibility for treatment diversion so that more people arrested for nonviolent drug offenses can access drug treatment instead of being incarcerated.

A third treatment bill would fund a pilot project at the New Mexico Women's Prison. The project would treat women who have a chronic history of narcotic addiction with buprenorphine, a medication for treatment of opioid addiction. Currently, 75% of women who go to prison for the first time and have a history of heroin use will return to prison within two and a half years. Improving treatment options will give women a better chance to stay out of prison and reduce the costs to taxpayers that go along with incarceration.

These bills all represent significant strides in public health for New Mexico. “New Mexico has been a national leader in public health and harm reduction approaches to drugs. Now it’s time to take it to the next level,” said Szczepanski. For the next two months, DPAN will be in the statehouse, working to make reforms a reality.

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<span class=postbold>See:</span> SB 238 - The Lynn and Erin Compassionate Use Act

Winners and Losers

By SFR Editorial Staff
The Santa Fe Reporter
Published: January 24, 2007

<span class=postbigbold>Legislature ’07</span>


<b>WINNERS</b>

<span class=postbold>Sewer victims </span>

Rep. Peter Wirth, D-Santa Fe, has made good on his pledge to lobby for raising the cap on state tort claims by introducing House Bill 14. The bill comes after several Santa Feans were hamstrung in their attempts to recoup property damages caused by city sewer line breaks [Outtakes, Sept. 27: “Raising a Stink”]. The bill aims to increase the tort cap from $100,000 to $300,000, which, if nothing else, will buy you a lot more of those pine tree air fresheners.

<span class=postbold>Winos</span>

“You Drink, You Drive, You Lose” be damned. Rep. Jim Trujillo, D-SF, has introduced House Bill 124 with discerning Dionysians in mind. The bill would allow customers to remove a partially consumed bottle of wine from a licensed restaurant provided the customer purchases a meal with their vino and the restaurant attaches a receipt to the bottle, reinserts a cork and seals the bottle in a “tamper-proof” bag.

No word on whether the law would cover boxes of Franzia.

<span class=postbold>Medicinal marijuana advocates</span>

Despite several (failed) attempts to pass legislation that would legalize and regulate medicinal marijuana in New Mexico, Sen. Gerald Ortiz y Pino, D-Bernalillo, isn’t giving up yet. Enter the senator’s Senate Bill 238 (the “Lynn and Erin Compassionate Use Act”), which would “allow the beneficial use of medical cannabis in a regulated system” if passed by the Legislature.


LOSERS

<span class=postbold>George and Dick</span>

The Oval Office isn’t getting off the hook. At least not if Sen. John Grubesic, D-SF, and Sen. Ortiz y Pino have anything to do with it. The senators are co-sponsoring a joint resolution to petition Congress to launch impeachment proceedings against President George W Bush and Vice President Dick Cheney. The grounds for impeachment (according to a draft of the resolution) include intentionally misleading Congress and the public on Iraq, warrantless wiretapping and sanctioning the torture of prisoners. Ya know, the usual.

<span class=postbold>Smokers </span>

Rep. Al Park, D-Bernalillo, is championing a statewide smoking ban (named in honor of Dee Johnson, the late first lady of New Mexico). But that’s not the only bad news for smokers. Sen. Joseph Carraro, R-Bernalillo, has also introduced Senate Bill 166, which—if enacted—would limit the amount of nicotine contained in cigarettes sold in New Mexico starting in 2010. Smoke ’em if you’ve got ’em.

<span class=postbold>Rep. Gloria Vaughn, R-Otero</span>

As if Vaughn’s proposed joint resolution to prohibit gay marriage wasn’t bad enough, she’s also introduced a bill that would give New Mexico its own atrociously bad state cowboy song. The song in question—“New Mexico” by Calvin Boles and RD Blankenship—includes the following verse: “A land where the cowboys and Indians still roam/A land where the Spanish and Anglos call home/Where missiles are flying, Spanish mission bells toll, making a picture of the new and the old.” Perhaps the red-headed Republican should consider different lyrics from, say, Laura Branigan’s ’80s hit “Gloria.”

© Copyright 2000–2006 by the Santa Fe Reporter

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Cockfighting ban and medical marijuana bills advance; gay marriage and abortion bills stalled



The New Mexican
February 1, 2007

<table class=posttable align=left width=200><tr><td class=postcell>
<center class=postbold>Related Links</center>

SB238 Medical Marijuana Use
HR395 Marriage Defined BILL text
HB399 Fee for background checks
SB10 Prohibit Cockfighting
SB70 Prohibit Cockfighting</tr></td></table>A bill to ban cockfighting in New Mexico cleared its first -- and likely biggest -- legislative hurdle Thursday when the Senate Conservation Committee endorsed the measure on a 5-3 vote.

It was one of several hot-button political issues -- including abortion, medical marijuana and same-sex marriage -- discussed during afternoon committee hearings at the state Capitol.

Senate Majority Whip Mary Jane Garcia, a Doña Ana Democrat who sponsored the anti-cockfighting measure, said the vote marked the first time the panel has approved the bill (Senate Bill 10). The bill advances to the Senate Judiciary Committee.

Gov. Bill Richardson and the New Mexico Conference of Catholic Bishops recently came out in favor of a statewide cockfighting ban. While a number of local jurisdiction ban the practice, New Mexico and Lousiana are the only states that don't have a blanket prohibition against cockfighting. Garcia expressed optimism that legislators would outlaw the practice this year.

The committee also tabled a proposed cockfighting ban (SB 70) sponsored by Sen. Steve Komadina, R-Corrales.

On other issues:
<ul class=postlist>
<li> The Senate Public Affairs Committee unanimously recommended passage of SB 238, which would allow qualified patients suffering from certain illnesses, such as cancer, HIV/AIDS and epilepsy, to use medical cannabis for relief of their symptoms. A similar bill passed the same committee during the 2006 legislative session but was derailed later in the session.</li>

<li> In party-line votes, the House Consumer and Public Affairs Committee voted to table -- thus effectively killing -- two measures aimed at gay marriage. House Joint Resolution 2 would have let state voters decide whether to amend the state constitution to define marriage as being a union between a man and a woman. HB 395 would have put that definition in state law. All four Democrats on the committee voted to table, while all three Republicans voted against the tabling motion.</li>

<li> The same committee voted to table HB 399, which would require doctors to notify parents of teenage girls seeking abortions. The vote also was a 4-3 party-line split.</li>
</ul>

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Pot for patients passes committee

Source: KRQE News 13
Posted: 2/1/2007 5:59:00 PM



SANTA FE -- The debate over legalizing marijuana for medicinal purposes returned to the Roundhouse today.

The medical marijuana bill would allow primary care givers to prescribe pot to people suffering from cancer, glaucoma, and a handful of other medical conditions approved by the department of health.

“Part of the trouble is in the name,” Sen. Gerald Ortiz y Pino said. “It's in many people's minds a gateway drug, and this would not do that at all.”

Patients would have to get a doctor's written permission, which would make them immune from criminal prosecution.

That’s not enough, however, to overcome longtime opponents.

“In the past, I have not supported it,” Rep. Thomas Taylor, R-Farmington, said. “I have never been convinced that there are not substitutes for medical marijuana that are not equally as effective.”

The bill passed through the senate public affairs committee late this afternoon and now moves on to the senate judiciary committee next.

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Strong Start for Medical Marijuana and Other Reform Bills in New Mexico

Friday, February 2, 2007
The Drug Policy Alliance

With New Mexico's legislative session in full gear, the Drug Policy Alliance Network is working on five different drug policy bills that are rooted in compassion and science. The Lynn and Erin Compassionate Use Act, a medical marijuana bill, passed its first committee hearing yesterday.

The hearing took place before the Senate Public Affairs Committee, which unanimously passed the bill. If the bill maintains its current momentum, this could be the third year in a row for Senate approval of medical marijuana legislation.

The sticking point for medical marijuana in New Mexico in past years has been the House, where the legislative session ended in both 2005 and 2006 without a floor vote. Drug Policy Alliance New Mexico director Reena Szczepanski is optimistic about the bill's prospects this year. "I am confident that our elected officials see that this is an important issue for New Mexicans," she said. "I sincerely hope that they realize that the sick and dying should not have to wait any longer for relief."

Other reform legislation is also off to a promising start in the legislature. A treatment bill and an overdose prevention bill both unanimously passed their committee hearings yesterday.

Another bill, to improve Medicaid coverage of substance abuse treatment, is being heard today before the Senate Public Affairs Committee. This legislation is sorely needed because New Mexico has one of the highest rates of unmet treatment needs for adults and teens in the country.

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Medical marijuana bill heads to Senate


Last Update: 02/06/2007 9:02:39 AM
By: Associated Press
KOBTV 4


SANTA FE (AP) - A proposal to legalize the medical use of marijuana is headed for a vote by the full Senate, which has endorsed it in the past.

Supporters of the legislation steered the measure through the Senate Judiciary Committee on Monday on a 7-3 vote.

Patients with cancer, AIDS, glaucoma, multiple sclerosis and some other illnesses could be certified by their doctors to participate in a program run by the state Department of Health, which would issue identification cards.

Patients in the program would be protected from prosecution by state authorities for possessing or using the drug.

Law enforcement groups oppose the measure and note that marijuana is illegal under federal law and say there would be no immunization from federal prosecution under the bill.


<center><small>(Copyright 2007 by The Associated Press. All Rights Reserved.)</small></center>

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Medical marijuana bill heads to Senate

Sun News Report
Las Cruces Sun-News
Article Launched: 02/06/2007 01:00:00 AM MST


SANTA FE — A proposal to legalize the medical use of marijuana is headed for a vote by the full Senate, which has endorsed it in the past.

Supporters of the legislation steered the measure Monday through the Senate Judiciary Committee, which passed it on a 7-3 vote.

Patients with cancer, AIDS, glaucoma, multiple sclerosis and some other illnesses could be certified by their doctors to participate in a program run by the state Department of Health, which would issue identification cards.

Patients in the program would be protected from prosecution by state authorities for possessing or using the drug.

"This bill is not about the legalization of marijuana for recreational use," said Reena Szczepanski, director of Drug Policy Alliance New Mexico, part of a national group lobbying for the measure.

She estimated that between 50 and 200 New Mexicans could qualify for the program.

It's supported by patients who say marijuana alleviates symptoms including nausea.

A statement read on behalf of Erin Armstrong, a 25-year-old cancer patient who has been lobbying the bill for several years, called the proposal "one more option to help us eat, help us sleep, help us from wasting away."

Law enforcement groups oppose the measure and note that marijuana is illegal under federal law and there would be no immunization from federal prosecution under the bill.

District Attorney Donald Gallegos of Taos said the controls in the bill are too loose, allowing for the possibility of illicit marijuana growing or phony certification cards.

The bill doesn't authorize patients to grow marijuana; the health department would come up with regulations governing the licensing of producers who would operate "on secured grounds."

New Mexico had a program more than two decades ago that linked the medical use of marijuana with a research project that eventually lost its funding.

For the past two years, a similar medical marijuana bill has passed the Senate but failed to clear the House.


<span class=postbigbold>On the Net</span>

New Mexico Legislature: www.legis.state.nm.us

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Senate OKs medical marijuana bill

From the Current-Argus
Article Launched: 02/07/2007 10:08:03 PM MST


SANTA FE — For the third year in a row, the Senate has passed a bill that would allow for the restricted medicinal use of marijuana.

The bill passed on a 34-7 vote Wednesday, and now moves to the House, where it has been defeated in each of the past two sessions.

To qualify for usage, a physician would have to certify that the patient is afflicted with one of a list of specific debilitating diseases and that the use of medicial marijuana could be beneficial. A physicians advisory board would then have to approve the certification. The Department of Health would be responsible to create rules for the provisions and distribution.

Sen. Carroll Leavell, R-Jal, said just because the state passes a law, it doesn't make marijuana use legal. Federal law outlawing marijuana would still take precedent, and people using medical marijuana would still be liable to federal prosecution, he said.

Sen. William Payne, R-Albuqueruqe, noted that the Supreme Court has ruled that medicial marijuana laws passed by the state are invalid.

That may be true, said Minority Leader Stuart Ingle, R-Portales, but he said the state was sending a message to the feds.

"I think what we're trying to say, when you're dying of cancer there may not be anything else that will let you eat a bite of food," he said.

Sen Tim Jennings, D-Roswell, whose wife is battling breast cancer, said that the use of medical marijuana allows some patients to keep their weight up and increase their chances of survival.

Leavell countered that drug abuse is a huge problem in New Mexico that would be made worse by the bill.

"This bill, if we pass it here, sends a very terrible message to the young people of New Mexico that the use of marijuana is somehow legal," Leavell said. Sen. Sue Wilson Beffort, R-Sandia Park, said she was concerned that the bill would lead to the kind of abuses that have happened with medicial marijuana provisions in California. But the bill's sponsor, Sen. Gerald Ortiz y Pino, D-Albuquerque, said New Mexico's law would be much different.

"We think we have provisions in the measure that would make it impossible for the abuses, or perceicved abuses, that have taken place in California to happen here," Ortiz y Pino said.

Gov. Bill Richardson had said before Wednesday's debate that he supports the bill.

"I continue to support a medical marijuana bill that includes proper safeguards to prevent abuse," Richardson said. "I will work with legislators to get it passed this session to provide this option for New Mexicans suffering from debilitating diseases."

Walter Rubel can be reached at wrubel@lcsun-news.com

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Roundhouse roundup: Governor slow to show support for medical marijuana


By STEVE TERRELL | The New Mexican
February 8, 2007

Did Gov. Bill Richardson avoid a potential flip-flop?

Last year, the governor expressed strong support for a bill that would allow people with certain serious medical conditions to use marijuana to treat their symptoms. Better than that, Richardson actually put medical marijuana on his call, which was necessary for it to be considered during a 30-day budget session.

Last week, when the Senate Public Affairs Committee heard the medical marijuana bill (Senate Bill 238), there was no word from the governor on how he stood. As reported in this paper, "during the hearing, Health Secretary Michelle Lujan Grisham and Human Services Secretary Pamela Hyde sat in silence. Last year, in the same hearing, they endorsed it."

A Health Department spokesman said afterward, "We neither support nor oppose the bill" because his agency isn't carrying it -- even though the bill calls upon the Health Department to establish procedures and license medial marijuana growers.

New Mexican reporter Diana Del Mauro tried unsuccessfully to get a comment from a Governor's Office spokesman.

On Monday, when the bill went to the Senate Judiciary Committee, I also tried to get a comment from the Governor's Office to no avail.

Could it be that Richardson's presidential candidacy was making him think twice about medical marijuana?

As it eventually turned out, no.

The next day, spokesman Gilbert Gallegos e-mailed me saying, "The Governor continues to support a medical marijuana bill with property safeguards, and he will work to get it passed."

Then on Wednesday, the Governor's Office sent out a news release quoting Richardson saying, "I will work with legislators to get it passed this session to provide this option for New Mexicans suffering from debilitating diseases."

This quickly was followed by e-mails from advocates.

"We are grateful that the governor continues to support the bill and has pledged to work with the Legislature to ensure its passage," wrote Reena Szczepanski, director of Drug Policy Alliance New Mexico. "Gov. Richardson recognizes that this is a medical issue and that the strength of this bill lies in its safeguards to prevent potential abuse."

So why the delay of several days?

"It just took me awhile to double-check, since this was not part of our legislative agenda," Gallegos said Wednesday.

The Senate passed the bill 34-7 on Wednesday night.

Showdown in Carson City: The 2006 election has been over for three months now. Debate season for the 2008 election is about to get under way.

The first forum for the 2008 Nevada presidential caucus is scheduled for Feb. 21 in Carson City, Nev. Before this week, only second-tier candidates had accepted the invitation. These include Richardson, Sens. Joe Biden and Chris Dodd, former Iowa Gov. Tom Vilsack and former Alaska Sen. Mike Gravel.

But earlier this week, the Associated Press reported, Sen. Hillary Clinton's office confirmed she also would attend the event sponsored by the American Federation of State, County and Municipal Employees.

So far, no word from Sen. Barak Obama or former Sen. John Edwards, the wire service said.

Nevada's caucus is scheduled for Jan. 19, 2008, right between the Iowa caucus and the New Hampshire primary.

The Nevada contest is extremely important to Richardson, who attended some political functions in that state late last month.

Ducks deluxe: One of my favorite parts of the great five-hour cockfighting debate in the Senate on Wednesday was an exchange between Sens. John Arthur Smith, D-Deming, and Phil Griego, D-San Jose. Smith, who favors the cockfighting ban, remarked: "They're not always fighting the chickens. Sometimes they're gambling some dollars."

Griego, who is opposed to the ban, said people who run cockfighting pits have assured him there are signs posted that say "Betting is illegal."

Smith: "There's signs along the highway posting the speed limit as 55 or 60, but there's not a lot of compliance."

Griego: "Do they bet on the duck races in Deming?"

Smith: "You bet they do."

No word yet on a bill to ban the duck races.

Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com.

<hr class=postrule>

<span class=postbigbold>Comments</span>

By Verna Hutchinson (Submitted: 02/08/2007 4:15 pm)

Well, I was really "for" the medical marijuana bill until I read the USA today article yesterday. All those big, fancy, expensive homes in northern California that are being sold - but unoccupied -- have been bought up by the folks from Chinatown (in San Francisco) and they are not living in them -- they have them set up to grow POT. You should see the pictures and the amount of the stuff that is being grown to hit the market illegally.

I would question "what kind of control could we have on this" part of this equation?


By Chris Mechels (Submitted: 02/08/2007 11:48 am)

This must be a tough call, considering the lunatic fringe that opposes such bills. We should look to Europe more on this issue, as they seem to have a balanced approach.

By Donado Coviello (Submitted: 02/08/2007 10:22 am)

Reporter Terrell, Has the question "Did you ever smoke pot?" been asked of Governor Richardson? And what do people think ... should I now stop calling him "Fat Bill?" Richardson is like the former City Councilor Sen. Phil Griego ... they both get more conservative the skinnier they get.

By Josef Baushofer (Submitted: 02/08/2007 8:24 am)

He's running for president now, so a pro- stance on medical marijuana might lose him more conservative votes than he would gain on the liberal side.

[palmspringsbum]

Medical marijuana measure clears Senate again


Related Links: SB238 Medical Marijuana Use

The New Mexican
Staff and wire reports
February 8, 2007

A proposal to allow certain patients to legally use marijuana under a state-run program passed the Senate on Wednesday and headed to the House.

The proposal has the support of Gov. Bill Richardson, who has urged lawmakers to pass some measure before the annual legislative session ends March 17.

Richardson says he supports a bill "that includes proper safeguards to prevent abuse."

Senate Bill 238 creates a program run by the Department of Health in which patients with cancer, AIDS, glaucoma, multiple sclerosis and other conditions, or in hospice care, could participate. They would need certification from their physicians.

Supporters say the drug combats nausea and relieves other symptoms of cancer and other debilitating diseases.

"Sometimes there's nothing else in life that would let you eat a bite of food," said Senate Republican Leader Stuart Ingle of Portales, who voted for it.

The measure passed the Senate 34-7. The Senate has endorsed it the past two years, but it has failed to clear the House each time.

Supporters estimate that between 50 and 200 New Mexicans could qualify for the program.

Patients, who would be issued identification cards, would be protected from prosecution by state authorities for possessing or using the drug.

But opponents argued that marijuana remains illegal under federal law, subjecting patients who use it to possible prosecution.

"Why aren't you going to Congress and asking them to change it. ... This is blatantly pre-empted by federal law," objected Sen. William Payne, R-Albuquerque.

Several New Mexico doctors interviewed Wednesday by The New Mexican noted that the need for medical marijuana isn't as great as it once was.

"There is a need, (but) it's not anything like the need it was when wasting disease was part of the AIDS epidemic," said Dr. Trevor Hawkins, a Santa Fe doctor specializing in AIDS.

Hawkins said he supports the bill because medical marijuana would fill an important niche, even though it would not have widespread applications. He said it could be useful for AIDS patients who develop a multidrug resistance or are diagnosed with full-blown AIDS in a late stage and suffer from wasting and nausea.

Two oncologists said the argument for marijuana to treat nausea in cancer patients is passé because cancer treatments now have fewer side effects, and the pharmaceutical industry has produced a wide array of products that address nausea more effectively than marijuana.

"Medical marijuana is just old stuff," said Dr. David Snyder, a medical oncologist in Santa Fe. "We don't have the problems with tolerance that we had 15 years ago."

Snyder and Dr. Barbara McAneny, a medical oncologist based in Albuquerque, have given patients a synthetic version of THC, which is the key ingredient in marijuana.

"When the push to legalize marijuana first started, we only had a few anti-nausea drugs," McAneny said. "But now we have so many really, really good drugs -- with hardly anything for side effects -- that control nausea so well that I probably wouldn't use it very often if it were legal."

Also, because marijuana use is illegal under federal law, it makes doctors and others vulnerable to federal prosecution.

"I would prefer not to go to federal prison," McAneny said.

<hr class=postrule>

<span class=postbigbold>Comments </span>

By Tom Hyland (Submitted: 02/08/2007 3:09 pm)

Thinking about this further, I'm not a doctor, but what I've heard is cancer is the body's reaction to a life of living in too close proximity to chemicals and other unnatural ingredients. It seems kind of sad to expect these cancer patients to consume synthetic drugs to endure chemotherapy when the genuine ingredient is here in its natural form. And I'm certainly not a spokesman for the Bush family, but I bet they have lots of eggs in many baskets regarding their financial affairs. Considering their selfless devotion to the service of all Americans and humanity, they probably wouldn't mind if marijuana was legalized, and possibly putting in jeopardy a portion of their investments in the Eli Lilly company. This is an exciting idea! I'm holding my breath in anticipation.

By Tom Hyland (Submitted: 02/08/2007 7:42 am)

The most poplar version of synthetic THC is called Darvon, made by the Eli Lilly drug firm. If marijuana was legalized, Lilly would easily lose a third of its patented monopoly. George Herbert Walker Bush served as director of the Lilly company from 1977 to 1979 and the Bush family owns controlling interest in the company. The only natural version of THC is found in marijuana. What would be best for the patients is the real thing, but unforunately, money is the real thing here. If you could grow this stuff in your backyard, a vast foundation of international crime networks would quickly crumble.

[palmspringsbum]

Momentum Builds for Medical Marijuana in New Mexico

The Drug Policy Alliance
Thursday, February 8, 2007


The New Mexico Senate approved the Lynn and Erin Compassionate Use Act (SB 238) on Wednesday, February 7, 34 to 7. If the bill becomes law, it will allow qualified patients suffering from certain illnesses, such as cancer, HIV/AIDS and epilepsy, to use medical cannabis for relief of their symptoms.

With momentum from yesterday's Senate vote and a recent statement by New Mexico Governor Bill Richardson supporting the bill, SB 238 now moves to the House. The first committee hearing there could take place early next week.

"We are grateful for the strong leadership shown by the Senate," said Reena Szczepanski, director of the Drug Policy Alliance New Mexico. "We're hopeful that the members of the House will show the same compassion."

The New Mexico House has been the sticking point for medical marijuana in past years, with the 2005 and 2006 legislative sessions ending without a House floor vote.

Erin Armstrong, a medical marijuana advocate who suffers from advanced thyroid cancer, expressed hope that the governor's support will help the bill move through the House. "I am thrilled that Gov. Richardson continues to show compassion for seriously ill New Mexicans," she said. "I hope the Legislature also recognizes that many New Mexicans can't wait any longer for relief."

Armstrong, one of the two people for whom the Lynn and Erin Compassionate Use Act is named, has worked tirelessly with DPA New Mexico to advance medical marijuana legislation. DPA New Mexico has made passage of medical marijuana legislation a top priority in 2007, engaging in a collective effort with supporters across New Mexico as well as DPA board members.

[palmspringsbum]

What blogs and others say about Richardson
politics

By KATE NASH and KATE NELSON
ScrippsNews
Friday, February 09, 2007

What they're saying online and elsewhere about Gov. Bill Richardson:

<span class=postbold>Smoke this </span>

Mediagirl.org says Richardson will do well in his presidential bid _ until someone points out that he wants to decriminalize marijuana.

But that's not true _ the part about decriminalizing pot, that is. Not really. Richardson said he supports a bill making its way through the New Mexico Senate to legalize marijuana for medical purposes only. Seriously ill patients have to qualify for the program.

Mediagirl also predicted after Richardson's drug-laced fall, he'll be back around in 2012 and do great then.

<span class=postbold>Spoil that </span>

The blog Burnt Orange Report said it not only camped outside Gov. Bill Richardson's hotel room at the Democratic National Committee meeting in Washington, D.C., but was amazed at the guv's big speech.

"I had medium expectations, and he blew me away. He was funny and smart and at ease. And presidential," Burnt Orange wrote.

The Burnt Orange Report, which mostly covers Texas politics, said Richardson "will either be one of two things in this race _ a spoiler for some other candidates much like Clark spoiled Edwards last cycle, or a sleeper candidate who could be thrust into the top tier and have an actual chance in the race."

Or, we're thinking, he could be neither of those and end up somewhere in the middle.

<span class=postbold>Still speeding? </span>

The New York Times Sunday magazine posed a bunch of questions to our governor.

Among them, the mag wanted to know why it keeps hearing about Richardson's speeding.

The governor accepted blame for the recent headline-grabbing fast incidents, saying he's impatient.

He also seems in a huge hurry to lose weight. In the interview, he said he's lost 30 pounds in five months. And aims to shed 10 more.

Richardson was asked whether he thinks Secretary of State Condoleezza Rice might find the globe-hopping governor annoying.

"I would think so," he said.

[palmspringsbum]

Poll: Most residents OK with use of medical marijuana

By STEVE TERRELL | The New Mexican
February 15, 2007

An overwhelming majority of New Mexicans support the idea of allowing people with serious medical conditions to smoke marijuana to ease symptoms, according to a poll commissioned by a drug-reform group lobbying for a medical marijuana bill in the Legislature.

The poll, conducted by the SJC Research of Washington, D.C., also showed that a plurality of voters would be more likely to vote for a candidate who supported medical marijuana while a third would not be affected by a candidate’s stance on the issue.

Reena Szczepanski of the New Mexico Drug Policy Alliance, which commissioned the poll, said the findings show that legislators need not fear voting for Senate Bill 238, which recently passed overwhelmingly in the Senate and is moving through the House.

Gov. Bill Richardson has endorsed the bill.

The poll results are consistent with a 2002 poll conducted for The New Mexican and KOB-TV by the Mason-Dixon polling company of Washington, D.C. That poll showed 72 percent of respondents said they would favor “legalizing marijuana use by those who have serious medical conditions, to alleviate pain and other symptoms.” Only 20 percent in that poll opposed the idea, while 8 percent were undecided.

The new poll asked: “Do you support or oppose making marijuana available to seriously ill or terminal patients in order to reduce the pain and suffering of illnesses such as cancer, AIDS and glaucoma?”

Fifty percent said they “strongly supported” the proposal. Another 25 percent said they “somewhat” supported it. Eight percent said they “somewhat” opposed the idea, while 11 percent were “strongly” opposed. The remainder were undecided.

Another question asked: “If a candidate for elected office in New Mexico voted to allow seriously ill patients access to marijuana for medical purposes with a medical provider’s recommendation, would you be more likely to vote for that candidate, less likely to vote for that candidate, or would that not make any difference to you?”

Forty-two percent said more likely, while 17 percent said less likely. Thirty-three percent said “no difference,” while another 8 percent said they didn’t know.

When asked, “If a close friend or family member was suffering from a condition that could be eased by marijuana, would you consider breaking the current law to obtain the drug for him or her?” only 32 percent said they would consider breaking the law. Forty-three percent said they wouldn’t break the law.

Szczepanski said this shows the need for a bill like SB 238 to become law — though she admitted some respondents might have been reluctant to tell a stranger on the telephone they would break the law.

The poll is based on interviews with 800 adults over the age of 18 who say they always or usually vote in general elections. The poll was conducted between Jan. 29 and Feb. 1. The margin of error is 3.5 percent.

SJC owner Stephen Clermont has done polling work for the New Mexico Democratic Party and Santa Fe Mayor David Coss’ 2006 campaign.

SB 238 is scheduled for a hearing before the House Agriculture and Water Resources Committee on Feb. 27.

Contact Steve Terrell at 986-3037 or sterrell@sfnewmexican.com.

[Herbie]

Drug War Chronicle - world’s leading drug policy newsletter

Medical Marijuana: New Mexico Becomes Twelfth State to Approve It
4/6/07

New Mexico Gov. Bill Richardson (D) Monday signed into law a bill making the state the 12th to approve the medicinal use of marijuana. Richardson is a candidate for the Democratic Party 2008 presidential nomination. In signing the bill, he becomes the only major contender in either party to publicly endorse the medicinal use of marijuana.

Gov. Bill Richardson signing a bill into lawThe Lynn and Erin Compassionate Use Act, named after patients Lynn Pierson and Erin Armstrong, allows people who live with certain serious, chronic conditions to use and possess marijuana with a doctor's recommendation. But in a departure from the normal practice in other states, where patients or designated caregivers are allowed to grow their own medicine, the New Mexico law stipulates that only producers licensed by the state Health Department may grow medical marijuana.

FULL ARTICLE

All they have to watch out for now are .. 'The F:censored: Feds'.



`H

[palmspringsbum]

Thanks Herbie. Nice post.

[palmspringsbum]

Medical Marijuana:
Legal fears hack away at state’s pot plan

<span class=postbigbold>Patients have few options to find pain-relieving drug</span>

by Diana Del Mauro, Santa Fe New Mexican
August 15th, 2007


New Mexico could have been the first state in the nation to build a centralized production and distribution system for medical marijuana, but the Health Department doesn’t want to take the risk of butting up against federal law.

Upon advice from Attorney General Gary King, Health Secretary Dr. Alfredo Vigil said the second phase of the new state law that would have made that happen won’t be pursued.

“The Department of Health will not subject its employees to potential federal prosecution, and therefore will not distribute or produce medical marijuana,” Vigil said in a written statement Wednesday.

That decision appears to leave patients who participate in the state’s Medical Cannabis Program with three options: grow their own marijuana plants; purchase bags of pot on the black market; or get a prescription for the legal, synthetic form of tetrahydrocannabinol, one of 400 chemicals in the marijuana plant.

[palmspringsbum]

N.M.: Won't Oversee Marijuana Production

The Houston Chronicle
by Deborah Baker, Associated Press
August 16th, 2007


New Mexico will not grow medical marijuana for seriously ill patients for fear that the federal government could prosecute state workers, but will continue to certify which patients are eligible to possess the drug.

The state health department said Wednesday it will not comply with a portion of the new medical marijuana law that requires it to oversee production and distribution of the drug. It will still certify patients as eligible to possess marijuana, protecting them from state prosecution.

"The Department of Health will not subject its employees to potential federal prosecution, and therefore will not distribute or produce medical marijuana," said Dr. Alfredo Vigil, who heads the agency.

The decision came after state Attorney General Gary King cautioned last week that the agency and its employees could face federal prosecution for implementing the new law, and that his office can't defend state workers in criminal cases. Marijuana is illegal under federal law.

The attorney general's office, which acts as legal counsel for state agencies, was pleased with the health department's decision, spokesman Phil Sisneros said.

Medical marijuana advocate Reena Szczepanski said the department is "leaving itself vulnerable to a lawsuit" for not complying with the law. She urged the agency to reconsider so patients would be able to get the drug from a source that's legal under state law.

"I remember certain legislators talking about how they didn't want their grandmother to have to go into some alley and deal with some criminal element," said Szczepanski, a lobbyist for Drug Policy Alliance New Mexico who helped push the legislation through this year.

Medical marijuana advocates say no state employee ever has been federally prosecuted for implementing a state medical marijuana law.

Sen. Gerald Ortiz y Pino, an Albuquerque Democrat who pushed for medical marijuana legalization, said he was frustrated that issues thoroughly aired during the legislative process are now being cited to hold up full enactment of the law.

"The solution is the governor," he added, noting that Gov. Bill Richardson had supported the legislation.

A message seeking comment was left with Richardson's staff. Richardson, who is running for president, is campaigning in Iowa this week. If nothing changes, Ortiz y Pino said, the matter will be brought before the Legislature in January.

Thirty patients have been approved to participate in the program since the law took effect July 1, according to a department spokeswoman.

New Mexico _ alone among the dozen states with medical marijuana laws _ requires that the state license marijuana producers and develop a distribution system. The rules were to be issued by Oct. 1. The department will go ahead with the process of making the permanent rules, said spokeswoman Deborah Busemeyer.

"What we're doing now is what every other state is doing that has a medical marijuana law. ... Those states have set a precedent in being able to successfully do that," she said.

[palmspringsbum]

Medicinal marijuana users face challenges in NM

by Diana Washington Valdez, El Paso Times
August 13th, 2007


The New Mexico Health Department has approved its first applications from patients whose doctors prescribed medicinal marijuana under the state's new law.

Under the new statute, approved applicants are entitled to a designated dosage of marijuana.

But there's a hitch.

It's up to the patients to figure out how and where to get the marijuana. This is because the state has not carried out the second phase of the law, due Oct. 1, which is distribution and production of cannibis.

Also, federal laws against possession of marijuana are still in effect, and even state health employees could face prosecution.

"We guarantee patients with medical marijuana will not be prosecuted under New Mexico state law, but we can't do anything about federal law," said Deborah Busemeyer, spokeswoman for the New Mexico Health Department in Santa Fe.

Three weeks ago, the state appointed eight doctors to its new Medical Advisory Committee to help come up with the rules for the Medical Cannabis Program.

The board-certified doctors also will review the state's decisions on all patient applications, as well as conduct hearings to recommend whether more medical conditions should be considered for the program.

"These highly qualified physicians will help guide the department as we continue to develop a program that will help people who suffer from debilitating conditions," said Dr. Alfredo Vigil, the state's health secretary.

The conditions that qualify for use of medicinal marijuana include cancer, glaucoma, multiple sclerosis, epilepsy, HIV/AIDS, nerve damage of the spinal cord with "intractable spasticity (spasms)," and any terminal illness in a patient admitted to hospice care.

To obtain permission, a primary care doctor must certify that the patient has a debilitating condition and that the benefits outweigh the potential risks.

The state provides patients with ID cards that protect them against state prosecution for what is considered a three-month supply.

"The doctors must be licensed to practice in the state and the patients must live in New Mexico," Busemeyer said.

Since the program went into effect in July, nearly 50 people have applied for permission to possess medicinal marijuana.

The New Mexico Health Department received 48 applications, approved 24 and denied five. Other applications are pending or were incomplete. Patients can apply online at www.nmhealth.org.

The Drug Enforcement Administration will continue to enforce federal laws against possession of marijuana, regardless of New Mexico's new law, said Matthew Taylor, spokesman for the DEA in El Paso.

"The DEA's position is that there is no legitimate medical use for medical marijuana," Taylor said. "It is still a Schedule 1 drug, and we will enforce the controlled-substance laws as dictated by Congress."

The White House Office of National Drug Control Policy in Washington sent representatives to New Mexico to lobby against the law.

The office of John P. Walters, the nation's drug czar, posts on its Web site information against the use of marijuana.

The site's "mythbusters" section also addresses potential addiction and other health problems related to cannabis.

"Scientific research has shown that marijuana use can indeed lead to dependency and addiction ... the consequences of marijuana use, including changes to the brain, (are) problems with learning, effects on mental health, and lung and respiratory damage," according to the White House Web site.

Reena Szczepanksi, director of New Mexico's Alliance for Drug Policy, which lobbied for the medicinal marijuana law, said it took seven years for the Legislature to pass it.

"The final vote in the Senate was 32-3 in favor and in the House 36-31, and, of course, the governor signed the bill into law (in April)," she said.

Szczepanksi said she believes patient testimonies, especially regarding young people with cancer, helped sway the lawmakers.

Busemeyer said the New Mexico Health Department is waiting to hear back from the state Attorney General's Office on "how to proceed with implementing the second phase of the state law -- developing a production and distribution system."

An earlier effort to decriminalize marijuana use in New Mexico, dating back to former Gov. Gary Johnson's term, failed to garner enough support despite Johnson's active support.

Under Gov. Bill Richardson, the New Mexico Legislature was able to pull together enough votes to adopt the medical marijuana law.

Marijuana became illegal after the U.S. government passed the Marijuana Tax Act of 1937. Other countries eventually also outlawed the recreational use and possession of cannabis.

Before that, the plant was widely used as a pain reliever and to treat various ailments.

According to NORML, a national organization that advocates decriminalizing marijuana and supports medical marijuana laws, 12 other states also permit medicinal uses of cannabis: Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington.

Most of these states allow patients to grow their own, or in some cases, permit for small-scale vendors to provide up to four patients with marijuana.

San Francisco has informal medicinal marijuana smoking parlors, but police are cracking down on them because of suspicions they are used for recreational instead of medical purposes.

According to the Associated Press, federal agents raided 10 medicinal marijuana clinics in Los Angeles two weeks ago, and arrested the owners and managers, but not the patients.

Under its new law, New Mexico has the additional charge of developing a production and distribution system for the marijuana, but state Attorney General Gary King's office warned health officials in an Aug. 6 letter that his staff cannot protect state health employees if the federal government goes after them.

A letter from King to health officials also reminded them that the U.S. Supreme Court has upheld that the production and distribution of marijuana for medical use is illegal.

Theoretically, the state could contract with local growers or other suppliers.

Diana Washington Valdez may be reached at dvaldez@elpasotimes.com; 546-6140.

[palmspringsbum]

NM governor demands plan for medical marijuana

KOB TV
August 17th, 2007


Governor Richardson is ordering the state Health Department to move ahead with planning of a medical marijuana program.

That’s despite the agency’s worries about possible federal prosecution.

The department announced earlier this week it would not implement provisions of the law that call for the agency to oversee the production and distribution of marijuana to eligible patients.

Richardson Friday directed the agency to continue planning to fully implement the program.

The law took effect last month.

It requires the department to issue rules by October for licensing marijuana producers and developing a system for distributing the drug to qualified patients.

The law allows marijuana for pain or other symptoms of debilitating illnesses.

[palmspringsbum]

NM pushes marijuana program

The Daily Lobo
by Barry Massey
August 20th, 2007


SANTA FE - Gov. Bill Richardson has ordered the state Health Department to resume planning of a medical marijuana program despite the agency's worries about possible federal prosecution.

However, the governor has stopped short of committing to implement a state-licensed production and distribution system for the drug if the potential for federal prosecution remains unchanged.

The department announced earlier this week that it would not implement the law's provisions for the agency to oversee the production and distribution of marijuana to eligible patients. That decision came after Attorney General Gary King warned that the department and its employees could face federal prosecution for implementing the law, which took effect in July.

The distribution and use of marijuana are illegal under federal law.

On Friday, Richardson directed the department to plan for full implementation of the program, such as preparing the regulations that will permanently govern how it operates.

Under the law, the department is to issue the rules by October, including for licensing marijuana producers and developing a system to distribute the drug to qualified patients.

However, Gilbert Gallegos, a spokesman for the governor, said a decision would be made later whether to implement the production and distribution system if federal prosecution remained possible.

Gallegos said the administration was pursuing possible "legal options" to allow the state to provide patients with access to medical marijuana. He said he couldn't provide details of what was being considered.

The new state law allows the use of marijuana for pain or other symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord injuries.

New Mexico is the 12th state to legalize marijuana for certain medical uses, but it's the only one calling for state-licensed production and distribution of the drug.

[Herbie]

Thanks for all the updates 'PSB'.

`H

[palmspringsbum]

You're welcome.

I stopped about February, and now neither Google nor Yahoo will find anything free more than 30 days old!!!

I had a hardware failure in June, when I lost all my email. I've been posting news items from my email from ASA and AAMC, which I only have from about August after my laptop was repaired (it was a worn out battery....).

[palmspringsbum]

KOB.com
Posted at: 08/30/2007 06:53:07 PM
Updated at: 08/31/2007 07:45:23 AM

By: Ray Seva

Governor to battle with feds over marijuana law

A battle is brewing in Santa Fe over medical marijuana. An angry Governor Richardson wants the feds to leave sick New Mexicans alone and let them grow their pot.

But a Santa Fe County Commissioner is speaking out, saying he's going to fight to get rid of the medical marijuana law.

The current law shields patients from state prosecution, but not from the feds.

"I'm very concerned that the Bush administration instead of going after drug dealers, is going after people suffering from cancer, a paraplegic, most recently," said Governor Richardson.

Agents raided 44-year-old Leonard French's home near Loving on Tuesday, even though he has state permission to grow and smoke medical marijuana.

The D.E.A. says it did not know French had a medical marijuana license until after the raid.

"The Bush administration seems to be, because they're unable to go after drug dealers, they seem to be picking on people suffering from cancer. That's inexplicable to me. And I'm gonna fight them," said Governor Richardson.

Right now patients have to get the Marijuana on their own, because the State Health Department won't grow or distribute the pot, fearing federal prosecution.

Santa Fe County Commissioner Harry Montoya calls himself a strong Bill Richardson supporter, but he'll fight him every step of the way to get the law off the books.

"Morally, physically, socially this is not good policy. It's still something that is addictive. And for our youth to start getting the message that this is something that is okay, is really not a healthy message," said Montoya.

Montoya says patients can use the pill-form of the marijuana.

Governor Richardson says he'll use every legal trick in the book to fight the feds on the issue.

[palmspringsbum]

KOB.com
Posted at: 08/28/2007 06:21:57 PM
Updated at: 08/29/2007 11:26:47 AM
By: Jeremy Jojola

<span class=postbigbold>Feds raid man's house for marijuana</span>

A drug task force on Tuesday raided the home of a man holding a state certificate allowing him to have and use marijuana.

The problem for 44-year-old Leonard French is that the certificate exempts him from state law, not federal law, and the raid was a federal operation staffed by DEA agents and local law enforcement.

Investigators say that French, who is wheel-chair bound and lost his legs about 20-years-ago, had six potent Marijuana plants.

French is licensed by the state to grow and smoke medical marijuana, but the investigators did not know that until after the raid.

The state recently announced it would let qualified patients grow their own marijuana, because health officials feared that they would be vulnerable to federal drug prosecution.

French said he smokes medical marijuana for chronic pain and muscle spasms. He says marijuana is better than taking valium because it has less severe side effects.

French says he worked with his doctor and the state to get a medical marijuana license, so he could smoke it and grow it, but now he says he doesn't know what to do for medicine.

"I'm kinda stuck between a rock and a hard place, it makes me feel like someone says here's your drivers license to drive, and the first time I left the drive way, they took my car away," said French.

French has not been charged, but the press release sent out by investigators Tuesday says they still expect to file drug charges against French, even though he is licensed by the state to grow and smoke medical marijuana.

French says he let the officers into his home when they knocked on his door, believing he wasn't doing anything wrong.

[palmspringsbum]

Drug Bust Sparks Questions Over Law

The Santa Fe New Mexican
Wed, 29 Aug 2007
Associated Press

<span class=postbigbold>Man in Wheelchair Faces Possible Federal Drug Charges After Raid</span>

MALAGA, N.M. -- Agents with a regional drug task force raided Leonard French's home in southeastern New Mexico on Tuesday and seized several marijuana plants.

But the wheelchair-bound man said he's certified by the state Health Department to possess and smoke marijuana for medical reasons. The 44-year-old lost the use of his legs about 20 years ago as the result of a motorcycle crash and now suffers from chronic pain and muscle spasms.

French allowed the agents into his home in Malaga, just north of the New Mexico-Texas border, because he said he believed he was doing nothing wrong. He had worked with his doctor and the state to get permission to have marijuana.

"I'm kind of stuck between a rock and a hard place," he told Albuquerque television station KOB-TV on Tuesday. "It makes me feel like the state says, 'Here you go. Here's your license to drive,' and the first time I left the driveway, they took my car away."

While no charges have been filed against French, the Pecos Valley Drug Task Force said federal drug charges are possible.

Allan Oliver, a spokesman for Gov. Bill Richardson, said authorities targeting a paraplegic man suffering from a spinal cord injury is "a policy without compassion."

"As long as Mr. French was within the limits of the medical marijuana state law, we urge the (Drug Enforcement Administration) not to prosecute him," Oliver said late Tuesday. "U.S. attorneys have their hands full with real drug cases and border violations, and can't afford to waste taxpayer dollars to prosecute individuals who are critically ill or suffering from debilitating conditions."

The task force stated in a news release that agents did not know French had state permission to use marijuana until after the raid.

Deborah Busemeyer, a spokeswoman for the New Mexico Department of Health, confirmed that officers called the agency after the raid to verify the man's state-issued marijuana identification card. Each card has the department's telephone number and a special code.

"This is a sad story because we want patients who need medical marijuana to have it," she said. "A lot of these people have chronic pain and other illnesses, and this is their only relief."

A state law that took effect this summer allows the use of marijuana for pain or other symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord injuries.

The department has been certifying patients as eligible to possess marijuana. That protects the individuals from state prosecution, but leaves them to find their own supply of marijuana -- potentially growing it themselves or obtaining it from friends or drug dealers.

Busemeyer said 38 patients have been approved to participate in the program since the law took effect July 1.

She stressed the state law does not protect those in the program from federal prosecution.

"Some patients are nervous about federal prosecution," she said. "Other states (with medical marijuana laws) have experienced that federal agencies haven't gone after patients. But again, we can't provide protection against federal law."

New Mexico is the 12th state to legalize marijuana for certain medical uses, but it's the only one where the law calls for state-licensed production and distribution of the drug.

The department announced earlier this month that it would not implement the law's provisions for the agency to oversee the production and distribution of marijuana to eligible patients because of concerns over the potential for federal prosecution against state employees.

Richardson, who is running for the Democratic presidential nomination, has ordered the department to resume planning for a medical marijuana program, and a public hearing on the matter is planned this fall.

French is apparently not the first person in the state's medical marijuana program to catch the attention of law enforcement. Busemeyer said a similar incident occurred recently in another part of the state, but she could not provide details.

Law enforcement agencies have asked the department if it could inform them about patients who are certified to have marijuana, but Busemeyer said doing so would violate federal patient privacy laws.

[palmspringsbum]

Multi-Agency Drug Task Force Wastes Money and Time Harassing Wheel-Chair Bound Patient

by Reena Szczenpanski, Huffington Post
August 29th, 2007


Yesterday, the Pecos Valley Drug Task Force in southeastern New Mexico entered another skirmish in the failed war on drugs. Drug task forces typically combine local, state, and federal law enforcement officers who collaborate to take down large-scale drug dealers and crime organizations and seize large quantities of drugs. They receive their funding from a combination of state and federal sources, and the idea is generally to use these combined resources to investigate operations that are too large for one officer to handle. So how did these officers spend their time yesterday to make the Pecos Valley safer?


Officers raided and seized a marijuana grow operation from the home of Leonard French, a paraplegic man who lost the use of both of his legs in a motorcycle accident. They seized...six plants, most of which were dead, according to Mr. French. Mr. French suffers chronic pain and muscle spasms due to his spinal cord injury, and qualified as a medical marijuana patient under the Lynn and Erin Compassionate Use Act state law that passed earlier this year. Medical marijuana offers him relief with fewer side effects, he reports, than other pharmaceuticals that he's tried.


This was an obviously politically motivated stunt, the latest in a nationwide battle for patients' rights that has fronts in the 12 states that have passed medical marijuana laws, and in numerous other states that are considering such laws. This is politics at its worst, where the casualties aren't lost legislative votes, but real people who are suffering and deserve better from our federal government. The federal agents who participated in this raid should be focusing on real issues that impact public safety, not harassing sick people and intimidating law abiding citizens who just want some relief.


Polling in New Mexico and nationwide shows overwhelming support for seriously ill people who need legal access to medical marijuana. But elected officials have been slow to catch on, and the federal government's policies and lobbying are keeping patients in misery. Federal officials came to New Mexico four times in two years to lobby against this legislation. Once it passed, those of us who advocated for the legislation thought our work was done.


But as this latest raid reveals, federal agents are willing to waste time and money to intimidate these patients and prevent our medical marijuana program from being successful. Even though the law has passed, it seems that the federal government is determined to continue to fight what has already happened, and turn New Mexico into some kind of example.


Governor Bill Richardson sent a letter to President George Bush two weeks ago, calling on him to end his heartless medical marijuana policy. By doing so, he stood by the state law that he signed in April, and also stood by the New Mexicans who he was elected to represent, and who overwhelmingly support this law. If the feds want to fight this battle patient by patient, they may boost their arrest numbers but they will surely lose the support of the American people.

[palmspringsbum]

Commentary: Why fight medical marijuana?

<span class=postbigbold>Our wrongheaded system prohibits what it should regulate</span>

by J. Michael Jones, Albuquerque Tribune
September 1st, 2007


I am a retired deputy chief of police from Gainesville, Fla. My wife and I have lived in Taos for 10 years. I am a member of Law Enforcement Against Prohibition.

There have been front-page stories all over New Mexico about the attorney general saying the feds might arrest and prosecute Health Department employees who distribute medical marijuana. The production and distribution of marijuana is still a crime at the federal level, and that is something that state laws can't change, says Tom Riley, spokesman for the Office of National Drug Control Policy.

How wise is it to maintain a status quo that wasted tens of billions of tax dollars each of the last 37 years? Fiscal responsibility is often not compatible with government actions, but to spend $1 trillion in about 40 years on a policy that was a failure before it was even implemented, with nothing positive - but plenty of negatives - to show for the money is criminal.

But the feds just will not stop: Your state legalized medical marijuana? That's too bad. We're going to use our limited resources and round up harmless distributors of medical pot while gangsters engage in running gunbattles endangering the lives of countless bystanders.

Apparently spending billions of tax dollars around the world in the war on drugs without any success just isn't enough. News articles recently announced that we'll be sending tens of millions to Mexico to help the country fight its war on drugs. The Mexican president is determined to send military units to fight the cartels.

Articles earlier this year reported on how many Mexican police officers had been corrupted by death threats and bribes. They also mentioned how corruption was spreading within the military units being sent to fight the cartels. So: Are we in a bidding war with the Mexican cartels over who can bribe the most people? If so, we are doomed to lose again.

Meanwhile, back at home. people who need marijuana for relief of medical symptoms are caught between the proper fearfulness of the state personnel required by law to administer to their needs and White House drug czar John Walters, our very own modern Harry Anslinger - see items 73 and 74 on the Web at: http://csdp.org/publicservice/. Feel free to see more, but these two are especially illuminating.

New Mexico is the most recent state to legalize medical marijuana - not the last. The feds' pursuit of those violating federal laws but not state laws is a waste of time, money and effort.

But the tide is turning, and eventually this version of prohibition will come to an end, like the previous one, for much the same reason.

The government can't stop the flow of illegal drugs, because it cannot end the demand. The tipping point will be reached when people are tired of the abuses of civil rights by the criminal justice system and by the continued endangerment of the nation's youths by the maintenance of a black market system of drug distribution.

That's right - the person who decides what to sell, its purity, strength and price is a criminal. That's also the person who decides whether to sell to your children or grandchildren - a criminal.

Drugs are too dangerous to allow criminals to be in charge. Legalized regulation, distribution and taxation will remove the criminals from the equation. Not decriminalization - legalized regulation. There will be less disease and death, less crime, less addiction and billions of tax dollars for education and prevention programs.

Visit www.leap.cc and see what Law Enforcement Against Prohibition has to say on the subject. Contact your congressional representatives and senators, and tell them to just say no to continued prohibition.

<hr class=postrule>
<center><small>Jones is an advocate for legalized regulation of marijuana. He lives in Taos.</small></center>

[palmspringsbum]

Medical marijuana patients face difficult task of finding drug

by Sue Vorenberg, Albuquerque Tribune
September 4th, 2007


At the center of the labyrinth of issues around medical marijuana is a snarled garden of Catch-22.

Certified patients in New Mexico can use it - but they have no way to legally get it.

If they have a supply but end up in the hospital, nurses can't administer the drug because it's against the law.

Earlier this year, the Legislature told the Department of Health to find a way to produce and distribute medical marijuana - but to do so would subject its employees to federal prosecution.

Gov. Bill Richardson told Attorney General Gary King to support the Department of Health, but to do so would subject him to removal from office under state law.

"It's a fairly complex situation," King said.

Since the Lynn and Erin Compassionate Use Act was signed in April, the issues have put the Attorney General's Office and the Health Department in a bind, said Alfredo Vigil, secretary of the Department of Health.

"We're going to continue the certification process for patients as long as possible, but the whole distribution system - which was a way we thought we could break new ground - has turned out to be a total impossibility," Vigil said.

So far, about 30 people have been certified to use medical marijuana in New Mexico, and applications are starting to slow down, Vigil said.

"We're ending up talking about a pretty small group of people," Vigil said.

Personally, King said he thinks the decision on use of medical marijuana should be left to doctors and patients, but legally he can't support state efforts to facilitate that process, he said.

"I can be removed from office if I act as a defense attorney for anyone," King said.

Meanwhile, patients say they're glad the state has legalized their possession of marijuana for medical purposes, but the legal wrangling has left them wondering how to overcome the Catch-22 of getting the drug, said Reena Szczepanski, director of Drug Policy Alliance New Mexico.

"It's a very difficult situation right now," Szczepanski said. "The Legislature wanted people to not have to go to drug dealers or grow their own."

A state-sponsored distribution system would relieve seriously sick and dying patients from another hassle, Szczepanski said.

"It's difficult to grow, difficult to find," Szczepanski said. "Patients don't want to have to think, `Oh my gosh, I have to ask my grandchild where to go and find marijuana.' "

Last week, the governor directed the Health Department to continue planning for a distribution system, even with all the legal headaches.

But Vigil said he's not sure the problem will be solved unless the federal government takes action.

"The only thing that could happen would be that Congress could consider changing federal law in some shape or form to allow a medical marijuana production process," Vigil said.

Richardson wrote a letter to President Bush last week asking him to exempt the physicians and officials in states that legalize medical marijuana from federal prosecution.

"At a time when the scourge of meth is coming across the border, and cocaine and heroin use continues to ravage our communities, the federal government should be cracking down on real criminals - not people who are trying to help those in pain," Richardson said in the letter.

But that's not likely in the near future, King said.

"There seems to be very little clinical evidence that there's therapeutic utility in smoking marijuana," King said. "I would think the medical debate would need to be sharpened up before policy-makers can come up with new policy."

For law enforcement, it's good news that the law has stopped the state from producing marijuana. The general concern is that legalizing medical marijuana is just a way for activists to begin the process of legalizing the substance, said Bernalillo County Sheriff Darren White.

"I've never supported medical marijuana," White said. "I'm very sympathetic to the patients - I watched my father die of cancer, and it's the most difficult thing in the world - but I don't think you have to smoke marijuana to gain the comfort and relief that's provided by the THC."

But Szczepanski said the issue of medical marijuana is not about overall legalization - in the end it comes down to providing relief for a handful of patients who see the drug as their only option.

"The reason I was passionate about working on the medical marijuana bill was seeing the patients with these heartbreaking stories of being impacted by pain, nausea," Szczepanski said. "Really, it's all about helping them."

[palmspringsbum]

Patient finds temporary relief with medical marijuana

by Sue Vorenberg, Albuquerque Tribune
September 4th, 2007


There's no lie in her face, no subtlety in her responses - only a resigned acceptance and willingness to fight against her circumstances.

At age 62, she has AIDS.

She weighs 78 pounds.

The side effects of her medications aren't as sickening as they used to be, but she's still constantly nauseous and in pain.

What gets her through it all, she says, is marijuana.

The woman identified here as "Lisa" is one of about 30 patients statewide who have a doctor's approval and state certification under a new law to eat or inhale the drug.

She agreed to be interviewed for this story, but after hearing about a police raid last week on the home of Leonard French, a certified medical marijuana user in Malaga, she asked that her real name not be used.

Used medically, marijuana relieves pain and settles her stomach, Lisa said.

For her, at this point, it's the only option - no other drug works as well, she said.

"It's a quality-of-life issue," Lisa said. "If I couldn't use it, I'd let go. I would go off all the meds and probably in a month I'd be dead."

Once a nurse, Lisa has a calm understanding of what's happening to her. Asked how she contracted AIDS and her reaction was blunt.

"From sex," she said, without a pause.

Asked if she smoked pot recreationally in the past and she was equally honest.

"Yes," she said. "But it's amazing how different it becomes when it's a necessary medication. Half the fun is gone. You're using it because you have to."

She understands that New Mexico's new law allowing medical marijuana use provides limited legal cover if federal authorities choose to arrest her.

"I won't go quietly if they come to get me," she said. "But I really don't want the police showing up at my home."

She also didn't want to use her name because she is afraid criminals will break into her house and steal the small amount of marijuana - less than an ounce - she generally keeps on hand.

Typically, she smokes about once an hour - just a few hits off a pipe or inhalations from a vaporizer - which is enough to ease her suffering, she said.

She tried synthetic THC - tetrahydrocannibinol, the most active ingredient in pot - "and I found myself that night calmly and carefully planning how to kill myself," Lisa said. "That's not me. Synthetic THC is not the same as marijuana."

The part that helps her symptoms isn't THC, but the cannaboids, which she said temper the pain and nausea.

Preparing to meet with her dentist on a Wednesday morning - a rare side effect of her AIDS medication has destroyed much of her jaw - her pain became apparent. Her speech slowed and her eyes grew progressively cloudy over the hour.

She held off politely, waiting for visitors to tell her they didn't mind her smoking, then lit up a small, clear pipe.

After taking three hits, the pain diminished, her eyes brightened and she talked calmly and clearly once more.

Now that medical marijuana is legal in New Mexico, Lisa said her biggest headache is figuring out how to get a supply.

She had a friend in Washington who supplied her with medical-grade marijuana, but he died a few months ago.

The thought of it made her pause and tears welled in her eyes.

"It's scarier to get it underground," she said. "You're not sure what you're getting or who you're dealing with."

In the meantime, she's trying to grow pot herself, she said.

"If I can at least, please God, grow a couple of my own plants, then I can make it through the winter," she said.

The cost of buying it on the street is prohibitive. She needs high-quality marijuana, not "Mexican swag," she said. It costs about $380 a month - a lot for a woman dying of AIDS to pay.

But growing her own has challenges, too.

The thought made her sister, who asked not to be named, burst out laughing.

"Gardening has never been your strong point," her sister said, pointing out two dead plants in the kitchen and a brown and crusty potted aloe vera in the living room.

A grin crossed Lisa's face.

"True," she chuckled.

Although she's gaunt, weak and can't eat solid food, things aren't as bad as during her first round on AIDS drugs, she said.

When she began taking them in the early 1990s, the drugs left her unable to reach deep sleep, caused stabbing pains when she moved her arms and left both of her thumbs unusable.

"The first batch - I will not call it a cocktail, that's for a pleasant evening - there was nothing pleasant about it," Lisa said. "I eventually said no more meds, even though my (blood count) numbers were good."

Her health declined when she went off the drugs, but she slept better. Then in 1999, she contracted meningitis and dropped from 108 pounds to about 80.

"I was put on hospice care, not expected to live," she said. "But I didn't give up. About a month later the nurse came and said, `We're kicking you out.'"

Side effects from the new drugs are far from ideal. Her muscles don't work very well, she can't eat solid food and she doesn't have the brain power she once had.

"My mathematical skills now are those of a second-grader - and I used to be able to calculate medical doses in my head," she said.

But the side effects are livable thanks to the marijuana, which takes away the ubiquitous nausea and pain, she said.

"People are so very concerned about the death penalty - that it's cruel and unusual punishment," she said. "But denying us medical marijuana and the relief it gives us - that's cruel and unusual punishment."

[palmspringsbum]

Medical Marijuana Rules Close To Final

by Vanessa Reyes, KFOX TV - Las Cruces
September 28th, 2007



LAS CRUCES, N.M. -- The rules of the medicinal marijuana law in New Mexico are close to becoming final after a public hearing with the New Mexico Department of Health and a medical board.

The hearing is scheduled for Oct. 1 in Santa Fe.According to Deborah Busmeyer of the department of health, once the regulations are established the medicinal marijuana will be permanent.

"We've been certifying patients all year long and giving them cards that they're eligible to have medical marijuana," said Busmeyer.

Currently, New Mexico does not tell users how only makes is legal for some patients with medical conditions to possess marijuana. New Mexico it does not state how those would get the drug.For Peter Flores, a self-described HIV patient who's been approved to use medicinal marijuana, the law will help to ease his pain."

My nausea can last all day where to the point that I won't be able to eat anything, so usually if I feel my nausea coming up I'll smoke a joint or something and that usually will help me eat," he said.

[palmspringsbum]

Health Department asks for comment on medical marijuana regs

by Associated Press, Las Cruces Sun-News
December 4th, 2007


SANTA FE -- Patients, caregivers or private entities could get licenses from the state Department of Health to provide marijuana under New Mexico's medical marijuana program, according to proposed regulations released by the department.

The proposed rules would establish a regulated system for the licensure, distribution and manufacture of medical marijuana.

The department plans to publish the rules for public comment later this month, and a public hearing will follow in Santa Fe on Jan. 14. Department spokeswoman Deborah Busemeyer said the timeline for developing formal rules will depend on the comments received.

"It's a complicated and important program and we want to do this thoughtfully and carefully," she said Monday, adding that the public comment period will be an important part of the process.

The state law that took effect this summer allows the use of marijuana for pain or other symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord injuries.

Since the law took effect July 1, the department has certified 74 patients as eligible to possess marijuana. That protects the individuals from state prosecution, but leaves them to find their own supply of marijuana potentially growing it themselves or obtaining it from friends or drug dealers.

Under the proposed rules, the department would provide for several different kinds of licensed producers, including a qualified patient, a caregiver, a state-owned or operated facility or a private entity.

"We're outlining a variety of options," Busemeyer said.

Reena Szczepanski, a lobbyist for Drug Policy Alliance New Mexico who helped push the legislation through, said she had not yet reviewed the regulations but she was pleased to hear about the different levels of licensed producers and distributors.

"It's really great because it allows for some flexibility and it allows for different patient population's needs to be met," she said.

The regulations also spell out the department's monitoring and corrective action authority and the requirements for those wanting a license, such as criminal background checks and facility security measures.

The one thing the proposed regulations do not address is the threat of federal prosecution for marijuana possession or distribution.

"Unfortunately, we can't change federal law and there is still a conflict with federal and state law. The regulations only spell out what is allowed or not allowed under state law," Busemeyer said.

In August, the department had announced that it would not implement the law's provisions for the agency to oversee the production and distribution of marijuana to eligible patients because of concerns over the potential for federal prosecution against state employees.

But Richardson, who is running for the Democratic presidential nomination, had ordered the department to continue planning for the program.

New Mexico was the 12th state to legalize marijuana for certain medical uses, but it's the only one where the law calls for state-licensed production and distribution of the drug.

"It's precedent setting," Busemeyer said of New Mexico's program, "and that's why we need to be really careful in how we proceed."

[palmspringsbum]

Marijuana rules could seed a new industry

by Thomas Munro, New Mexico Business Weekly, MSNBC
December 9th, 2007


Proposed rules for medical marijuana providers could open the door to private nonprofit or for-profit producers in New Mexico.

Since the state's medical marijuana registry was created July 1, patients have had three ways to obtain marijuana: by growing it themselves; by contracting with "designated caregivers," who grow or otherwise obtain the plant and are each allowed to provide doses of the herb to at most four patients; or by buying it off the street. While street drugs have high, black-market prices, the designated caregivers are not allowed to charge patients any more than the cost of "supplies or utilities associated with the possession of medical use marijuana."

The proposed rules could open the field of providers to private entities that would establish licit market pricing, raising concerns of a capitalistic free-for-all similar to the market in California, where 300 "pot clubs" offer a marijuana-connoisseur's delight of exotic varieties, often at prices beyond the means of needy patients. While only nonprofit operations are protected by California law, some clubs are reputed to be making millions.

"California's gotten really out of control," said Melissa Milam, coordinator of New Mexico's medical cannabis program. One bulwark against this distopian future is the much tighter restriction on conditions that can qualify a patient for a medical marijuana card. In California, a doctor can prescribe marijuana for anyone he believes will be helped by it. In New Mexico, only patients suffering pain as a result of one of seven conditions can qualify, short of a special petition to a medical advisory board. The board will look at proposals for additions to the list every six months.

"It will be important for published studies to show marijuana is beneficial for that specific condition," Milam said.

In the first five months of the program, 74 applicants were approved. "All the marijuana we could need right now could be grown on a quarter of an acre," Milam said. That doesn't sound like the makings of a multimillion-dollar industry, but Milam said interest from potential providers has been intense.

"I've heard from everyone from multimillion-dollar companies to very small ones," Milam said. "I've heard from out-of-state companies, from landscaping businesses and nurseries."

The final hammering out of the rules after a Jan. 14 public meeting might be all that stands between them and going into operation -- if they decide it will become a market worth investing in, and if they are willing to toe the line of the state's requirements for private providers.Those rules would require big investments in security, including high-resolution video of entry and exit areas, an alarm system, a bulletproof pass-through window, a time-lock safe, overnight lighting and staffing.

In addition to the business challenges facing a potential investor in marijuana production, the specter of federal prosecution remains very real. According to a March 22 report in the San Francisco Chronicle, "Perils grow in battle for medical pot," the U.S. Drug Enforcement Administration arrested 594 people on marijuana charges in California in 2006, up from 359 in 2001. They seized 3 million plants in 2006, up from 880,000 in 2001. The article went on to call enforcement of the federal marijuana laws "notably erratic."

This is an interesting move. Philip Morris has experience taking on the feds...

[palmspringsbum]

<span class=postbold>See</span>: 10 Jan 08 - Richardson expected to quit race.

[palmspringsbum]

Lawsuit says deputies targeted man for medical marijuana


ABC 7 New Mexico - January 17, 2008 5:45 PM ET

CARLSBAD, N.M. (AP) - A paraplegic man from Malaga has sued Eddy County sheriff's deputies.

Leonard French alleges they seized marijuana plants and equipment to grow them last summer despite the fact he has a license under New Mexico's medical marijuana law.

According to the American Civil Liberties Union of New Mexico, French thought drug task force agents had come to his home to check his compliance with the medical marijuana law.

He showed them his license, growing equipment, two small marijuana plants and a pipe to smoke marijuana.

Deputies seized the plants and equipment and turned them over to the federal Drug Enforcement Administration.

The lawsuit seeks unspecified damages and a ruling that deputies violated the medical marijuana law and other laws.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

[palmspringsbum]

ACLU files suit over raid

Current Argus
By Tom Moody
Article Launched: 01/17/2008 09:18:08 PM MST


CARLSBAD — A paraplegic Malaga man who holds a medical marijuana permit from the state of New Mexico filed a lawsuit Thursday against Eddy County and several county law officers for their part in a drug raid that seized his marijuana plants and growing equipment, attorneys announced.

Also named as defendants in the suit are David Edmondson, commander of the Pecos Valley Drug Task Force, and four unidentified Eddy County Sheriff's deputies. The suit was filed in state district court in Carlsbad.

Leonard French, 44, was using his marijuana to control pain and muscle spasms that resulted from a spinal cord injury he received in a 1987 motorcycle accident, he said in an earlier interview.

French had received a license to cultivate and use small quantities of marijuana for medicinal purpose under the Lynn and Erin Compassionate Use Act, the complaint stated.

The American Civil Liberties Union of New Mexico, which is representing French, said the deputies violated several laws including a constitutional prohibition on unreasonable searches and seizures.

In addition to asking the court to bar the state from interfering with his right to use marijuana under the medical marijuana law, French also seeks compensatory damages and attorney fees.

Eddy County Sheriff Kent Waller said Thursday that he had not seen the lawsuit yet.

"To my knowledge we have not actually received anything yet," he said. "We had received a notice that they were reserving the right to sue."

On Sept. 4, Eddy County deputies working with the Pecos Valley Drug Task Force arrived at French's house in Malaga.

"They said they were here about the marijuana," French said. "I thought they were here to make sure I was in compliance with the new law."

French showed the deputies his state license to grow marijuana and then showed them his equipment and his plants, he said.

The deputies took the equipment and the plants, turning them over to the federal Drug Enforcement Administration. French has not been charged with any violations of federal drug laws, attorneys stated.

"With the Compassionate Use Act, New Mexico embarked on an innovative project to help people who suffer from painful conditions like Mr. French's," Peter Simonson, ACLU executive director, stated in a news release. "The law cannot succeed if the threat of arrest by county and local law enforcement hangs over participants in the program.

"With this lawsuit, we hope to clear the way for the state to implement a sensible, conservative program to apply a drug that traditionally has been considered illicit for constructive purposes."

The ACLU complaint is available online at http://aclu-nm.org/PDF/French_1_17_08.pdf.

[palmspringsbum]

Posted at: 01/16/2009 09:45:04 PM
Updated at: 01/16/2009 11:17:56 PM
By: Eyewitness News 4

Nurse sues to prescribe marijuana


Bryan Krumm

An Albuquerque nurse is suing the government to be able to prescribe medical marijuana to his patients.

Psychiatric nurse practitioner Bryan Krumm said he's afraid he'll be raided by the Drug Enforcement Administration if he prescribes the drug. The DEA has made such raids at California clinics, where state law makes medicinal marijuana usage legal.

Recently, New Mexico's health department finalized rules for non-profits to grow medical pot. But so far, no group has been cleared by the state to start growing.

Under the law, patients can grow marijuana for personal medical use, but it does not protect them from federal prosecution.

Krumm filed a lawsuit in federal court as the lone plaintiff. He hopes to convince the courts to change marijuana's classification as a dangerous drug to a drug with medical value.

"Marijuana has very unique therapeutic properties," Krumm said. "It also has the potential to treat many diseases."

Krumm said he would like to prescribe marijuana, but fears the heavy hand of the US government, even though state law okays pot's medical usage.

"I haven't been able to ethically refer my patients into the medical marijuana program at this point. I can not put them in that jeopardy of facing those federal charges," he said.

Krumm filed the suit pro se, meaning he will do the legal work and pay the court fees himself.

The local DEA has not said if it would prosecute any New Mexicans qualified to smoke medical marijuana.

[palmspringsbum]

Panel considers cannabis
for more uses

Last Edited: Thursday, 15 Jan 2009, 12:17 PM MST
Created On: Thursday, 15 Jan 2009, 12:16 PM MST

* Reporter: Crystal Gutierrez
* Web Producer: Devon Armijo

ALBUQUERQUE (KRQE) - Post traumatic stress disorder, nerve pain and Hepatitis C could soon be added to the list of ailments treated by medical marijuana in New Mexico.

<object align="right" type="application/x-shockwave-flash" id="video" width="320" height="280" data="http://www.krqe.com/video/videoplayer.swf"><param value="http://www.krqe.com/video/videoplayer.swf" name="movie"/><param value="&skin=MP1ExternalAll-MFL.swf&embed=true&flv=http%3A%2F%2Fwww%2Ekrqe%2Ecom%2Ffeeds%2FoutboundFeed%3FobfType%3DVIDEO%5FPLAYER%5FSMIL%5FFEED%26componentId%3D19697986&img=http%3A%2F%2Fmedia2%2Ekrqe%2Ecom%2F%2Fphoto%2F2009%2F01%2F15%2Fmedical%5Fmarijuana03f14346%2Db3c5%2D4441%2D9b49%2De07b6074ec340000%5F20090115120825%5F640%5F480%2EJPG&story=http%3A%2F%2Fwww%2Ekrqe%2Ecom%2Fdpp%2Fnews%2Fhealth%2Fhealth%5Fkrqe%5Falbuquerque%5Fpanel%5Fconsiders%5Fcannabis%5Ffor%5Fmore%5Fuses%5F200901151216" name="FlashVars"/><param value="all" name="allowNetworking"/><param value="always" name="allowScriptAccess"/></object>On Thursday, petitioners asked a medical group to recommend the use of medical marijuana for several other ailments.

Medical marijuana became legal in New Mexico in July 2007.

There are currently seven qualifying conditions for acceptance to smoke marijuana in the state.

The petitions were heard by an out of state medical group.

So far four of the 17 ailments petitioned Thursday will be placed on a recommendation list that will go to the secretary of health for approval.

Many of the petitioners said that the recommendations are step in the right direction.

"It helps her cope and it gives her relief from pain. And how could we deny that for anyone with something as safe as medical marijuana," medical marijuana supporter Stephen Hunt said.

The panel has tabled some ailments including chronic pain. They said some of the tabled ailments need to be further researched.

The use of medical marijuana to treat depression was denied by the panel.

206 people in New Mexico have been granted medical marijuana licenses since the law took effect in 2007.

[palmspringsbum]

DEA will not raid state dispensaries

February 27, 2009 -- SANTA FE, NM — New Mexico Governor Bill Richardson today praised US Attorney General Eric Holder for his decision to halt raids by the Drug Enforcement Agency on state-approved medical marijuana dispensaries. New Mexico is one of 13 states in the US that allows, under strict conditions, the cultivation, sale and use of medical marijuana.

“This is welcome news and validates our bold action to allow this alternative treatment to improve the quality of life for those suffering from chronic and debilitating diseases,” said Governor Richardson. “I have no doubt that other states will soon join New Mexico and the other 12 states in recognizing that allowing this effective and compassionate treatment is the right thing to do."

In April 2007, Governor Richardson signed the Lynn and Erin Compassionate Use Act, allowing patients suffering from certain chronic diseases to use marijuana to treat their symptoms. Since then the Department of Health has approved more than 200 patient applications.

To qualify for medical marijuana, patients’ primary care providers must certify that the patient has one of the eligible medical conditions, the condition is debilitating and that the benefit of medical marijuana would outweigh the potential risks. The New Mexico Department of Health verifies application information by calling providers, checking their medical license and reviewing medical records that support the condition.

Regulations provide for two kinds of licensed producers: a qualified patient who can produce up to 4 mature plants and 12 seedlings for personal use only and a nonprofit private entity that can produce a total of 95 mature plants and seedlings and an inventory of usable marijuana that reflects current patient needs at any time. The Health Secretary will consider the health needs of qualified patients and the public safety in determining the number and location of licenses that the Department of Health approves. The Department is currently reviewing proposals from producers, which when approved will be another major step in giving patients who use the program more access medical marijuana.

Source: New Mexico Governor

[palmspringsbum]

HEALTH IN A HEARTBEAT

Erie Times-News
Published: February 16. 2009 12:01AM


Still Looking For A Dealer


Eighteen months after New Mexico enacted a first-of-its-kind medical marijuana law, the state is moving gingerly ahead, mindful that the closely watched program could go up in smoke because it conflicts with federal law.

New Mexico's statute, which took effect in July 2007, differs from 12 other states that have approved medical marijuana legislation in one major way: state health officials will oversee a production and distribution system.

To borrow the street metaphor, the state needs a dealer.

Of course, that puts New Mexico's health department sideways with federal drug laws that make it illegal for anyone to possess, grow or distribute marijuana.

It's also illegal under federal law to solicit someone for those purposes.

The new administration of President Barack Obama isn't likely to change anything -- not immediately anyway.

"This is a matter of the law and the law hasn't changed," said Rafael Lemaitre, spokesman for the National Office for Drug Control Policy. "It's still illegal to grow, possess and distribute marijuana."Seeking Volunteers

The American Cancer Society's Road to Recovery Program is looking for volunteer drivers.

The program provides cancer patients with rides to treatment centers and back home. Local patients are driven to centers in Erie, Buffalo, Pittsburgh and Cleveland.

Volunteers are needed who have a car, safe driving skills, and can drive as little as one morning or afternoon a month.

Road to Recovery volunteers arrange their own schedules, with some volunteering as little as one afternoon a month and others driving patients as often as twice a week. The American Cancer Society can provide compensation for driving expenses, including gas, tolls and parking.

For more information about Road to Recovery or to volunteer, contact Lori Trisket at (888)-227-5445, Ext. 8212 or e-mail lori.trisket@cancer.org.

-- from staff, wire reports

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Thursday, March 19, 2009 - Page updated at 06:14 AM

NM Health Department approves first medical marijuana producer

By SUE MAJOR HOLMES
The Seattle Times

The New Mexico Department of Health has licensed a nonprofit business to produce medical marijuana, the first business approved under a state program that allows patients with specified conditions to have and use small amounts of marijuana.

The department refused Wednesday to release the name of the business or where it is located, citing safety concerns.

Department spokeswoman Deborah Busemeyer said the name is being withheld to ensure that the supply is safe and that patients visiting the producer would not be put in jeopardy.

"We don't want a producer to be robbed," she said.

She also said no one challenged the secrecy aspect in public hearings over regulations the department drew up to implement the medical cannabis program that went into effect in July 2007.

"I think people recognize this is in the best interests of the producer and the patients," Busemeyer said.

The Health Department will notify patients how to contact the producer. Because of patient privacy requirements, the department cannot give patient information to the producer.

The department is reviewing the application of another nonprofit that wants to produce marijuana for the program. The program has approved 250 patients who suffer from specified chronic conditions that include cancer, glaucoma, multiple sclerosis, AIDS and Amyotrophic Lateral Sclerosis, better known as Lou Gehrig's disease.

New Mexico's law differs from 12 other states with medical marijuana legislation in that New Mexico health officials will oversee the production and distribution system.

That puts the state crossways with federal drug laws that make it illegal for anyone to possess, grow or distribute marijuana or to solicit someone for those purposes.

About a month after the law went into effect, state Attorney General Gary King warned that the Health Department and its employees could face federal prosecution for implementing the act. Gov. Bill Richardson originally told the agency to proceed with the program but the state later pulled back from direct involvement in production and distribution, choosing to license nonprofits instead.

But on Wednesday, U.S. Attorney General Eric Holder signaled a change on medical marijuana policy, saying federal agents will target marijuana distributors only when they violate both federal and state law.

The same day, the New Mexico Senate voted 30-6 in favor of a memorial that asks state law enforcement agencies not to enforce federal law against medical marijuana use and to urge the state's congressional delegation to support any federal legislation that protects medical cannabis patients and producers. A memorial does not have the force of law.

The Santa Fe-based Drug Policy Alliance New Mexico, which coordinated efforts to get the medical marijuana law passed, is pleased the department moved so quickly after issuing the program's regulations earlier this year, said the alliance's director, Reena Szczepanski.

Since the law was aimed at making sure no patient had to turn to "unregulated sources" for marijuana, "we really hope that as the department learns from its experience with this producer, they will perhaps consider licensing other kinds of producers or consider producing it directly through the Department of Health to meet the patient needs," Szczepanski said.

The alliance believes the need is greater than one producer can fill and wants producers to be geographically accessible to patients around New Mexico, she said.

"These medical conditions don't discriminate," she said.

The health secretary is responsible for determining the number and location of approved producers, considering the needs of patients and public safety.

___
<small>
On the Net:

State Health Department program: ttp://www.nmhealth.org/marijuana.html

Copyright © 2009 The Seattle Times Company
</small>

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KVII News Channel 7 | Tuesday, April 14, 2009 at 11:00 a.m.

More diseases could be added to medical marijuana


SANTA FE, N.M. (AP) - A medical advisory board is recommending more chronic conditions to the list of patients who can use medical marijuana.

The state already allows its use for pain and other symptoms from 14 debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, Lou Gehrig's disease, HIV-AIDS and certain spinal cord injuries.

The state Department of Health added seven of those conditions in February.

The program provides protection from state prosecution for approved patients.

It has 284 patients so far.

Now the advisory board is recommending eight more conditions - chronic muscle inflammation accompanied by muscle weakness, severe osteoarthritis, rheumatoid arthritis, reactive arthritis, post-polio syndrome, Parkinson's disease, Alzheimer's and severe chronic pain.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

[palmspringsbum]

Pot patient told to smoke, not grow

<table class="posttable" align="right"><tr><td class="postcell"><object type="application/x-shockwave-flash" id="video" width="320" height="280" data="http://www.krqe.com/video/videoplayer.swf"><param value="http://www.krqe.com/video/videoplayer.swf" name="movie"/><param value="&skin=MP1ExternalAll-MFL.swf&embed=true&adSrc=http%3A%2F%2Fad%2Edoubleclick%2Enet%2Fadx%2Flin%2Ekrqe%2Fnews%2Fnews%5Fhealth%2Fdetail%3Bdcmt%3Dtext%2Fxml%3Bpos%3D%3Btile%3D2%3Bsz%3D320x240%3Bord%3D86715025290807760%3Frand%3D0%2E14292333987234568&flv=http%3A%2F%2Fwww%2Ekrqe%2Ecom%2Ffeeds%2FoutboundFeed%3FobfType%3DVIDEO%5FPLAYER%5FSMIL%5FFEED%26componentId%3D20482176&img=http%3A%2F%2Fmedia2%2Ekrqe%2Ecom%2F%2Fphoto%2F2009%2F08%2F27%2FSmoke%5Fit%5Fdont%5Fgrow%5Fit%5F44009851%2Df744%2D459e%2Dad85%2D8d8a47902b190000%5F20090827223334%5F640%5F480%2EJPG&story=http%3A%2F%2Fwww%2Ekrqe%2Ecom%2Fdpp%2Fnews%2Fhealth%2Fhealth%5Fkrqe%5Falbuquerque%5Fpot%5Fpatient%5Ftold%5Fto%5Fsmoke%5Fnot%5Fgrow%5F200908272235" name="FlashVars"/><param value="all" name="allowNetworking"/><param value="always" name="allowScriptAccess"/></object></td></tr></table>Alex Tomlin | 28 Aug 09

ALBUQUERQUE (KRQE) - An Albuquerque woman says she's doesn't know what to do now that police have seized her medical marijuana plants.

She has a permit to possess the drug, but not grow it.

“I'm devastated.” Alana Bonaccorsi told News 13. “I am anorexic, and I only have a little bit at night to help me eat.”

She told KRQE News 13 she thought she could grow it too. But Wednesday officers ripped up her plants after she called to report that some teenagers tried to steal the plants from her backyard.

“I don't have the money to buy it, and I thought I was able to grow my own," Bonaccoris said.

But she doesn't have a grower's permit. Now investigators are trying to determine if she should be charged.

Vashti Lowe with the district attorney's office said this isn't a typical drug case.

“We are going to look at the law very carefully," Lowe said. "We are going to prosecute those people who are in violation of the law and attempt to safeguard the rights of those individuals who have legitimate illnesses and a valid license to either possess or grow marijuana."

Debra Busemeyer with the state Department of Health said the number of medical marijuana permits has increased in the last few months.

“We have 540 active patients in our program, and of those a little over a 100 have a license to produce for themselves," she said. Patients are informed from the beginning of the limits of their permits, she added.

The permits limit possession to no more than 6 ounces, and growers can only have 12 plants.

For those not allowed to grown their own, there is a non-profit group permitted to distribute in the state. But Bonaccorsi said it's too expensive for her.

“Seven grams will be close to $90, and there's 28 grams in an ounce.” Bonaccorsi said.

The health department said it is fairly easy to upgrade someone with a user's permit to allow them to grow marijuana. The DOH said it’s happy to help with that.

The district attorney's office said it expects review Bonaccorsi's case in the next few weeks.

Growing marijuana for personal use is a misdemeanor while growing enough for distribution can draw 18 months in jail.

[palmspringsbum]

<table class="posttable" align="right" width="200"><tr><td class="postcell"><img class="postimg" src="bin/milam_melissa.jpg"></td></tr><td class="postcap">Former Medial Cannabis Program Coordinator Melissa Milam says she’ll be more effective to medical marijuana patients on the nonprofit circuit.</td></tr></table>Gone-ja

<span class="postbigbold">Medical cannabis coordinator quits, questions pot producer’s practices</span>

By: Dave Maass 08/26/2009 | the Santa Fe Reporter


New Mexico’s Medical Cannabis Program coordinator has resigned and, due to budget constraints and a hiring freeze, the state Department of Health has not refilled the position yet.

The vacancy is another hurdle for a program that some patients and advocates say has been too slow to achieve its statutory goal.

Melissa Milam, who had served as the program’s administrator since the Lynn and Erin Compassionate Use Act went into effect in 2007, left the position in mid-July.

For now, DOH Harm Reduction Program Manager Dominick Zurlo is managing the program with help from an intern recently promoted to handle some administrative duties.

Health Secretary Dr. Alfredo Vigil tells SFR it is unclear how long the temporary arrangement will have to suffice.

“Every day the budget projections get worse,” Vigil says. “We’re going to manage the program; that’s not a question. We’re currently managing it and we’ll continue to manage it, but the structure of that management I’m not sure about.”

Initially, on Aug. 21, DOH spokeswoman Deborah Busemeyer told SFR the Health Department had requested a hiring freeze exemption in order to fill the position. However, representatives from the New Mexico Department of Finance and Administration and the State Personnel Office, both of which process and approve hiring exemptions, tell SFR the agencies have received no such request.

When presented with that response, Busemeyer then said the exemption paperwork had first been filed with the DOH’s human resources office and would be filed with the DFA on Aug. 24.

Milan cites the recent birth of her daughter as one reason for leaving her position. Another is she hopes to form a nonprofit to produce and dispense medical cannabis.
<table class="posttable" align="right" width="280"><tr><td class="postcell"><b>Total Patients enrolled since inception:</b></td><td class="postcap" align="right">590</td></tr><tr><td class="postcell">Current Active Patients:</td><td class="postcap" align="right">540</td></tr>
<tr><td class="postcell">Deceased Patients:</td><td class="postcap" align="right">7</td></tr><tr><td class="postcell">Inactive Patients <small>(have not recertified):</small></td><td class="postcap" align="right">43</td></tr><tr><td class="postcell" colspan="2"><b>Production:</b></td></tr><tr><td class="postcell">Non-Profit Producer Applications Rec’d:</td><td class="postcap" align="right">21</td></tr><tr><td class="postcell">Non-Profit Producers Licensed:</td><td class="postcap" align="right">1</td></tr><tr><td class="postcell">Patients Licensed for Personal Production:</td><td class="postcap" align="right">116</td></tr><tr><td class="postcell" colspan="2"><b>Qualifying Conditions</b>
<small>(includes all patients enrolled since inception of the program):</small></td></tr><tr><td class="postcell">ALS:</td><td class="postcap" align="right">3</td></tr><tr><td class="postcell">Cancer:</td><td class="postcap" align="right">105</td></tr><tr><td class="postcell">Cancer and Glaucoma:</td><td class="postcap" align="right">1</td></tr><tr><td class="postcell">Severe Chronic Pain:</td><td class="postcap" align="right">29</td></tr><tr><td class="postcell">Chron’s Disease:</td><td class="postcap" align="right">14</td></tr><tr><td class="postcell">Epilepsy:</td><td class="postcap" align="right">24</td></tr><tr><td class="postcell">Epilepsy and HIV/AIDS:</td><td class="postcap" align="right">1</td></tr><tr><td class="postcell">Epilepsy and Spinal Cord:</td><td class="postcap" align="right">1</td></tr><tr><td class="postcell">Glaucoma:</td><td class="postcap" align="right">24</td></tr><tr><td class="postcell">Hepatitis C (with tx):</td><td class="postcap" align="right">6</td></tr><tr><td class="postcell">HIV/AIDS:</td><td class="postcap" align="right">87</td></tr><tr><td class="postcell">Hospice Care:</td><td class="postcap" align="right">3</td></tr><tr><td class="postcell">Inclusion Body Myoctis (Severe Chronic Pain):</td><td class="postcap" align="right">1</td></tr><tr><td class="postcell">Intractable Nausea:</td><td class="postcap" align="right">22</td></tr><tr><td class="postcell">Multiple Sclerosis:</td><td class="postcap" align="right">57</td></tr><tr><td class="postcell">MS and Spinal Cord:</td><td class="postcap" align="right">1</td></tr><tr><td class="postcell">Painful Peripheral Neuropathy:</td><td class="postcap" align="right">54</td></tr><tr><td class="postcell">PTSD:</td><td class="postcap" align="right">84</td></tr><tr><td class="postcell">Severe Anorexia/cachexia:</td><td class="postcap" align="right">5</td></tr><tr><td class="postcell">Spinal Cord Damage with Intractable Spasticity:</td><td class="postcap" align="right">68</td></tr></table>Last year, the Department of Health approved rules that allow patients suffering from certain conditions to possess and grow marijuana. The rules also allow for licensure of nonprofit organizations to grow and distribute marijuana to patients.

So far, 540 patients have received licenses, but only one nonprofit—Santa Fe Institute for Natural Medicine—has been approved. As a result, the majority of patients can only acquire cannabis through illicit means.

This is part of Milan’s motivation to form a nonprofit.

“The program has been slammed so hard, but I really am proud of it,” Milam tells SFR. “I want to make it better and that’s why I’m interested in taking care of patients on the nonprofit side. I feel like I’ve done all I can do for them on the government side.”

While proud of the structure of the program, Milam says she is disappointed in the practices exhibited by the single licensed producer.

For one thing, Milam says, SFINM’s prices are comparable to what would be paid on the street. More disturbing, she says, are reports that SFINM requires patients to meet delivery drivers in parking lots in order to obtain their medication.

“Asking people to meet you in a parking lot, I mean, how is that any different from a drug deal?” Milam says.

The Department of Health confirms that this practice is occurring.

“We are aware of how they are conducting their distribution system,” Busemeyer says. “It is up to the nonprofit to develop a distribution system that works for the nonprofits and the patients.”

SFINM spokeswoman Margaret Schulze declined to reveal the prices and delivery policies employed by the nonprofit.

“The organization is here to serve patients with illness,” Schulze writes via email. “To make any connection between our services and services provided to the subculture of recreational drug users demonstrates a lack of respect for the patients of the program.”

However, Las Vegas, NM-based cancer patient and medical cannabis license-holder Robert Jones tells SFR he agrees with Milam’s evaluation of SFINM.

“They said it’s going to cost $400 an ounce and they won’t be delivering to Las Vegas, so you’d have to meet them somewhere else,” Jones says. “I’m not capable of driving to Santa Fe and I can’t afford $400.”

Jones is licensed to grow for himself, but says online companies offering quality seeds have ripped him off twice. Instead, he had to obtain his marijuana plants illicitly from a “compassionate person in Taos.”

“[The Medical Cannabis Program] needs to move a lot faster than it’s moving,” Jones says. “They normally don’t respond very well to patients. Usually you get the answering machine, and it tells you they get 150 calls a day and you don’t get a call back.”

Vigil says over the next few weeks the department will evaluate SFINM’s production and delivery capacity in order to decide which producer to approve next. What region the next producer will serve will be key, he says.

“We’re just too early in the game to know what things we feel are really excellent components that we ought to promulgate and what things have not worked so well that we either have to fix or ask the next producer to do differently,” Vigil says.

More than 20 nonprofits have applied for licenses. Vigil says he won’t speculate when the next will be approved or ultimately how many will be needed to meet the state’s demand.

In the meantime, Jones wants to form a support group and website for medical marijuana patients to share information on everything from growing techniques to how to safely purchase marijuana on the black market.

When employed at the department, Milam had encouraged such informal meetings among medical cannabis patients. In April, Busemeyer told SFR Milam was the subject of an internal investigation as a result. Busemeyer says the investigation found no wrongdoing on Milam’s part, but Milam suggests the investigation was inappropriate to begin with.

“I was shocked when I read in the paper that there was an investigation,” Milam says. “I had attorneys, paid for by the state, present at those hearings. I did not understand what went on that I was suddenly under investigation.”

Now Milam says she plans to travel to Israel to study cannabis farming practices and also is looking into developing a breathalyzer-style device police can use to instantly test drivers for marijuana intoxication. Primarily, she says, she would like to form a nonprofit growhouse.

“Ideally, I am looking for a group of really professional people to put together a nonprofit to apply for a production license because I feel that very few people understand how to take care of the patients in New Mexico the way I do,” she says.

[palmspringsbum]

New Mexico’s one medical marijuana producer is all sold out

The New Mexico Independent | By Marjorie Childress | 8/31/09 3:39 PM


According to a medical marijuana patient who has access to the secure Web site of the one nonprofit in the state producing marijuana for patients, the nonprofit has run out of its product and won’t have more available until October.

Here is the notice on the Santa Fe Institute for Natural Medicine (SFINM) Web site:

<table class="posttable"><tr><td class="postcell"><span class="postbold">8/28/09 PRODUCT UPDATE</span>

We are currently sold out of our inventory. Not knowing what members would like, our first crop was 50/50 indica dominant/sativa dominant. And although we are so sorry to run out, we now know that members prefer sativa dominant. We will try and adjust our proportions accordingly so this does not happen again. Also, please keep in mind that it takes 12-18 months for a smooth running ongoing production. This is especially tricky when it is a pilot project and mother nature is involved. We very much appreciate your patience.

Come October, we hope to introduce Big Buddha’s Cheese, Chocolope, and Kandy Kush to the menu. More details will come in September.</td></tr></table>
The source for this story, who wished to remain unidentified, told the Independent that if he didn’t have a producers license he’d have to risk buying it on the street — which is legal for him under state law, but dangerous because it forces him to purchase from people working in an underground economy.

“It’s not safe. You could be ripped off or killed, not to mention, it’s still a federal crime. So, say you bought some in front of a post office, you could be prosecuted by the feds,” he explained.

Still, he’s come to rely on medical marijuana as he makes his way through a debilitating chemotherapy cancer treatment regime, so figures most of the state’s medical marijuana patients are taking those kinds of risks.

“It significantly helps all of the serious side effects I’ve told you about… like relentless nausea, extreme anxiety, and loss of appetite. It also helps me sleep, which is good,” he said.

He doesn’t blame the dispensary from running out, though, saying its the state’s fault for not devising a better system for producing marijuana that meets the demand.

“Why are they limiting the ability of people to produce when its clear so many people in the state really need it,” he asked rhetorically.

According to an article by the Santa Fe Reporter’s Dave Maas published last week, there are 540 medical marijuana patients so far in the state, but only one licensed nonprofit to supply them with marijuana. Of those 540 patients, 116 have a license to produce their own marijuana.

NMI’s source is a licensed producer. He’s allowed to grow four plants of his own, and is glad he’s spent the time to get that off the ground, because in addition to the one dispensary in the state not being able to produce enough marijuana, it’s very expensive.

According to the SFINM Web site, there are three grades offered. The top grade is $378 an ounce, the middle grade is $336, and the bottom grade — which he said is good for tinctures or cooking — is $182 an ounce.

Those prices, according to the former medical cannabis program coordinator for the state, are comparable to what the patients would pay on the black market.

Her comments were reported by Maas, who tracked the progress — or lack there of — of the state’s medical marijuana program with comprehensive reports for the Santa Fe Reporter.

[palmspringsbum]

Medical marijuana program will need revision if shortage goes on, advocates say
<span class="postbigbold"> "One producer isn't enough."</span>

The New Mexico Independent | By Marjorie Childress | 9/11/09 12:00 PM

ALBUQUERQUE – The New Mexico medical marijuana program, whose sole provider recently sold out of the drug, may need to be revised if patients can’t be guaranteed access to their medicine, critics say.

The state allows patients to grow their own supply of medical marijuana, but it prohibits caregivers from doing it for patients who may be too sick to do so. And that’s a flaw in New Mexico’s law, said Tamar Todd, staff attorney with the Washington D.C.-based Drug Policy Alliance.

Of the 504 approved medical marijuana patients in New Mexico, 109 have a license to produce their own plants, but the other 395 patients are reliant on one state-licensed nonprofit to provide their medicine, and that nonprofit—the Santa Fe Institute for Natural Medicine–is limited to growing 95 plants.

Moreover, as NMI reported last week, the nonprofit ran out of its product within weeks after finally announcing it had some ready for sale in August.

“It seems as of right now, there are a significant number of patients who aren’t growing their own and can’t obtain it from any legal source. The intent of the law isn’t for them to have to rely on the black market,” Todd said.

<span class="postbold">Caregiver prohibition contributes to the shortage</span>

New Mexico’s law is the first to allow a state to provide for a production and distribution system of making marijuana available to qualifying patients. But rather than having the state itself get into the production business, the state Department of Health created a program that relies on small state-licensed nonprofits to produce marijuana.

Each of the other 12 states that recognize medical marijuana allow only for decentralized production by patients and caregivers, either individually or through cooperatives or collective groups, but otherwise take a hands-off approach to making sure patients can get their medicine.

Most states allow designated caregivers to grow medical marijuana for specific patients, but New Mexico doesn’t. That’s something the state may want to reconsider, Todd said.

“The patient may not have any knowledge of how to grow marijuana, or simply be too debilitated to do it,” she said. “If they had a caregiver [who could grow it], they wouldn’t be dependent on a nonprofit or the black market.”

If the current shortage continues, Todd says she hopes that New Mexico’s law will be revisited.

A change in the law could allow the state to produce and distribute the marijuana itself or allow caregivers to grow it for specific patients.

<span class="postbold">New Mexico has a unique approach, but is moving very slow</span>

“What really makes New Mexico unique is that it’s the only state medical marijuana law that directs the state to develop a system for the distribution of medical marijuana to qualifying patients,” Todd said.

And Julie Roberts, Todd’s colleague at New Mexico’s Drug Policy Alliance, told the Independent it’s an innovative program that other states are watching closely.

When New Mexico finished developing the actual rules for it’s program, it didn’t go so far that the state itself got into the production business, although it conceivably could. Instead, the state Department of Health created a program that relies on small state-licensed nonprofits.

But so far, there’s only one.

New Mexico Department of Health spokesperson Chris Minnick said that since early 2009, the state has received 20 applications to start nonprofits and has approved only one. Currently, the department is “working through the process” of approving other nonprofits.

Minnick said he didn’t know when other nonprofit dispensaries might be up and running, but the hope was that it would be “soon.”

“We have to be very diligent and thoughtful. We’re the first state that’s done this,” he said. “We don’t want there to be excess supply, while making sure there’s enough to meet the needs.”

Minnick added that his agency doesn’t know that patients’ needs haven’t been met, and that it’s not “safe to say” that demand is greater than supply. His agency doesn’t know what the yield of the nonprofit’s first batch of marijuana in August was or how much was purchased.

The Santa Fe Institute for Natural Medicine, he said, could have run out because every patient got enough supply to last them through the next three months, which is the amount they are allowed under the law.

“So it’s difficult to say how much they were able to get,” Minnick said.

<span class="postbold">“One producer isn’t enough.”</span>

The state’s response doesn’t cut it with Roberts.

“We applaud them for taking on this challenge,” she said. “But we still need to look at the facts on the ground. We have terminally ill patients all over the state and need to have a program that puts their needs at the center.”

“One producer isn’t enough. They need to assess the situation and see where they need another one. It’s time for them to take those next steps to make medical marijuana more accessible.”

The 95-plant rule that nonprofits are currently limited to may be due to a 100-plant federal trigger, Todd said. Federal law imposes a five-year mandatory minimum sentence on anyone arrested with 100 plants or more, and given that medical marijuana isn’t legal under federal law, the state may have limited the size of the nonprofits to reduce the legal risk.

The Santa Fe Institute for Natural Medicine did not responded to NMI’s requests for an interview.

[palmspringsbum]

October 10, 2009

Marijuana Licensing Fails to Chase the Shadows

The New York Times | By ABBY GOODNOUGH


SANTA FE, N.M. — The only person in America with a state license to distribute marijuana wants to keep her identity secret.

“I’m so totally paranoid I can’t stand myself,” said the distributor, who runs a nonprofit group here that grows and sells marijuana for medicinal purposes and who insisted on meeting in the privacy of a hotel room.

It was not meant to be this way.

New Mexico’s new medical marijuana law was intended to provide safe, aboveboard access to the drug for hundreds of residents with chronic pain and other debilitating conditions. By licensing nonprofit distributors, New Mexico hoped to improve upon the free-for-all distribution systems in some states like California and Colorado, where hundreds of for-profit dispensaries have sprung up with virtually no state oversight.

But even in New Mexico, the process — from procuring the starter seed (in Amsterdam, via a middleman) to home delivery (by a former Marine) — is not for the faint of heart. Those engaged in the experiment here never know if they will be arrested, because growing, selling and using marijuana remain illegal under federal law. And robbery is always a fear.

In a reversal of Bush administration policy, Attorney General Eric H. Holder Jr. said in March that the government would not prosecute medical marijuana distributors who comply with state laws. That announcement has emboldened Rhode Island to adopt legislation similar to New Mexico’s: it will license three nonprofit “compassion centers” to grow and dispense the drug by 2012. At least six other states are now considering the model.

But in recent weeks, law enforcement officers, some of them federal, have raided dispensaries in California and Washington State, and in the absence of any actual change in the federal law, many still fear prosecution.

Among New Mexican patients, demand has been great. In the two months since the Santa Fe Institute for Natural Medicine began dispensing marijuana, it has signed up about 400 clients, said Robert Pack, a patient on its board of directors who uses the drug to curb the side effects of epilepsy medication.

Eager patients depleted the initial supply, and the organization had to hurry to produce more marijuana this month, because weeks of rain hampered the drying and curing phase.

Twenty other nonprofit groups are seeking New Mexico’s approval to grow and sell medical marijuana, but the state’s Health Department will not identify them, citing privacy and safety concerns. Because the groups remain anonymous unless they identify themselves, other regulatory agencies — the Department of Agriculture, for example, which would inspect their growing techniques — will have no oversight.

Such secrecy seems out of keeping with the law’s intent: to help medical marijuana patients emerge from the shadows and gain open access to the drug.

“I think what’s appropriate is for this to be completely out in the open,” said Len Goodman, a patient who started NewMexicann, a nonprofit group seeking state approval to distribute marijuana. “As long as you follow the rules, you should be able to come out of the closet and function with no fear or shame.”

For the Santa Fe Institute, the production process has been nerve-racking. The marijuana plants — no more than 95 at a time, under state regulations — are grown in a windowless rural building with steel doors, a motion detector and, to keep the plants’ pungent odor indoors, carbon filters. Despite a high-tech alarm system and the hidden location, the institute’s grower, who insisted on anonymity, said he constantly feared being robbed.

“If I worked for Brink’s driving an armored car, I’d probably feel about the same way,” said the grower, a longtime organic farmer who said he had studied with marijuana breeders in Amsterdam.

Delivering the marijuana can also be fraught with anxiety. The Department of Homeland Security informed the group that the former Marine who serves as courier could be prosecuted if stopped at any of several Border Protection checkpoints in southern New Mexico, where many clients live.

“Homeland Security made it clear, clear, clear,” the institute’s chief said. “Their directive is, ‘You got it, we confiscate it.’ ”

The institute’s grower started out producing equal amounts of two cannabis strains — one energizing, the other sedating. But the energizing strain quickly proved more popular with patients, many of whom take morphine and other narcotics for pain that leave them hazy.

“They want something that makes them really clearheaded,” the grower said, adding that the energizing strain made users feel “almost like your I.Q. went up about 20 points.”

While 13 states have legalized marijuana for medicinal use since 1996, most give patients no help in obtaining it. In Colorado, an alternative newspaper is stepping in: it is hiring a pot critic to review the state’s many unregulated dispensaries.

In Rhode Island, which legalized medical marijuana in 2007 but changed its law this year to allow nonprofit producers, it remains unclear whether towns will be able to block dispensaries from opening within their borders, or whether growers will be able to deliver to patients.

One state-approved user, Rob Mooney, said the state’s licensed caregivers — who are allowed to grow and sell marijuana to two patients each at a given time — and street dealers “ended up selling me garbage that messed me up.”

Ellen Smith, who mixes marijuana-infused oil into applesauce to ease pain from a degenerative tissue disorder, grows her own plants but finds doing so too stressful. Her plants have been stolen, she said, and caring for them requires constant vigilance.

“It’s nerve-racking to have this around,” Ms. Smith said of her crop, whose skunky odor scented her kitchen. “It will be great to just go to the compassion center, pick up the product and go on with our lives.”

But the Rhode Island state police have raised numerous concerns about the state’s model, pointing out that the required criminal check for employees of compassion centers will search only for in-state convictions.

At a recent hearing, Capt. David S. Neill of the state police asked officials from the Rhode Island Health Department who would monitor the centers to make sure they are not growing more marijuana than the law allows (12 mature plants per patient at a given time), or selling the drug to people who are not approved users.

The answer: nobody.

Dr. Alfredo Vigil, New Mexico’s secretary of health, said tight regulation of medical marijuana programs was crucial.

“As you can probably imagine, we’ve had all manner of interesting people come forward and say, ‘We want to be your producers,’ ” Dr. Vigil said. “If we do this in some uncontrolled fashion and some big bad thing happens, the whole program comes crashing down.”

But with the federal prohibition in place, he said his state’s program was a risk. “It’s a tricky situation in many, many ways,” he said. “As long as there’s a disconnect with the federal law, it’s guaranteed there will be problems along the way.”