NM Will Not Oversee Pot Distribution

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.

NM FOX