New Mexico's Medical Marijuana Law Is Working, But Still Has Some Kinks

By Phillip S. Smith, Drug War Chronicle. Posted May 26, 2008.

After an exhausting seven-year struggle, New Mexico joined the ranks of the medical marijuana states last year. As of July 1, the New Mexico Medical Cannabis Program will be a year old, but while parts of the program are well underway -- patients are registering and obtaining ID cards -- the state law's innovative system of state-licensed production and distribution of medical marijuana is stalled in the regulatory process, with no end in sight anytime soon.

Under the New Mexico law, the Lynn and Erin Compassionate Use Act, patients suffering from a narrowly circumscribed set of illnesses -- cancer, glaucoma, multiple sclerosis, epilepsy, spinal cord damage with intractable plasticity, and HIV/AIDS -- can, with a doctor's recommendation and upon registration with the program, legally possess and use up to six ounces of marijuana, four mature plants, and three seedlings. The law also calls for a medical advisory board to determine whether other conditions should be added to the list.

Some 147 patients have registered with the state as of Wednesday, said Melissa Milam, head of the Medical Cannabis Program. "We're the little program that could," she said. "We just keep plugging along."

"The patients are really excited to get their ID cards and have some legal protections," agreed Reena Szczepanski, head for the Drug Policy Alliance New Mexico office, who has been intimately involved in the passage and implementation of the law. "The Department of Health and the Medical Cannabis Program are doing a great job of working with the patients, and it's been very thoughtfully implemented in terms of registration and the medical advisory board," she said.

But the law also provides for designated caregivers to be able to grow for patients and for a system of state licensing of production and distribution. Although the law called for the Department of Health to promulgate regulations for production and distribution by last October 1, that hasn't happened yet. As a result, the provisions for caregivers and licensed production and distribution have not gone into effect. That means patients must either grow their own medicine or procure it on the black market.

The Department of Health finally promulgated draft regulations in December and held a public hearing on them on January 14. Those draft rules provided for "five different kinds of licensed producers: a qualified patient, a caregiver, an association of persons, a private entity, or a state owned and/or operated facility."

Based on the input it got in the hearing process, the department has been crafting a revised draft of the regulations ever since. "We're still working on that rule," said Deb Busemeyer, spokesperson for the Department of Health. "We held a public hearing and received written and oral comments, and we made some revisions, and it looks like we'll probably hold another public hearing to let people comment on our revisions."

Busemeyer was vague on a timeline, offering only that she expects a hearing "some time this year" and resolutely declining to predict when the regulations on production and distribution would actually be implemented.

But he department is committed to crafting the production and distribution regulations, Busemeyer said. "The governor was really clear -- this is an important program, and he wants us to figure out how to implement the law. We've been working on hard on this, we believe in this program, we're not dropping it by any means, but we want a good strong law with the right kind of rules, so we're taking our time," she said.

See more stories tagged with: medical marijuana, new mexico

Phillip S. Smith is staff writer for the Drug War Chronicle.