NM - State Workers May Be Charged For Med Marijuana

By DEBORAH BAKER | Associated Press
August 10, 2007

Medical approval in New Mexico doesn’t make pot less illegal to feds

The state Department of Health and its employees could face federal prosecution for implementing New Mexico’s new medical-marijuana law, the attorney general has cautioned.

And they wouldn’t get any help from the attorney general: That office isn’t authorized to defend state workers in criminal cases, according to a letter released Thursday.

New Mexico as of July 1 has a medical-marijuana program run by the state Department of Health that not only legalizes the use of marijuana by certain patients but provides for state-licensed production and distribution of the drug.

Thus far, 48 patients have applied for the program, and half have been approved, according to the department. Seven applicants were rejected, and 17 have been asked to provide more information.

The approved patients get temporary certificates allowing them to possess a three-month supply of marijuana, including plants.

The law requires the department to issue rules by Oct. 1 for licensing producers and developing a distribution system.

That provision is unique among the dozen states that have legalized medical marijuana, and department officials asked the attorney general at the end of May to assess their exposure to prosecution.

In a letter dated Aug. 6, lawyers in Attorney General Gary King’s office said the department and its employees or representatives “may be subject to federal prosecution for implementing the Compassionate Use Act.”

Santa Fe