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NEW MEXICO FINALIZES RULES FOR MEDICAL MARIJUANA
ALBUQUERQUE - The state Department of Health is accepting applications from
nonprofit businesses that want to produce and distribute medical marijuana to
certified patients in New Mexico. Qualified patients also can apply to
produce
medical marijuana for themselves.
New Mexico ARTICLE 2A [26-2A-1 to 26-2A-7 NMSA 1978] Controlled Substances Therapeutic Research Act (CURRENT)
Return To OnlinePot's
Legal Section Main Page
Pubdate: Fri,
09 Jan 2009
Source: Denver Post (CO)
The department announced Friday it has finalized regulations for identification
cards and a production and distribution system under the state medical marijuana
program that went into effect in 2007.
"Now patients now can get medical cannabis for their chronic health
conditions in a way that is safe and legal under state law," Health
Secretary Dr. Alfredo Vigil said.
The law allows people to be certified to use marijuana for pain or other
symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple
sclerosis, HIV-AIDS and certain spinal cord injuries. The agency has
approved 207 applications from chronically ill patients to receive medical
marijuana.
A spokeswoman for the department, Deborah Busemeyer, said it has had
inquiries-but no applications-about the distribution and production process.
The health secretary will determine the number and location of licenses.
"There's a lot of hoops a nonprofit would have to jump through. ...
That's because we want a quantity of medical cannabis that is sufficient and a
quality product," Busemeyer said.
The regulations also have a section to protect a patient in the program from
arrest or prosecution by the state of New Mexico.
In August 2007, agents with a regional drug task force raided the home of a
southeastern New Mexico man certified to use medical marijuana, and seized
several marijuana plants from him.
The regulations let the Health Department verify for state law enforcement
officers that someone is eligible to have marijuana under the program.
"We have done that, and then there has not been an issue," Busemeyer
said.
The rules also allow the state to monitor to make sure people are following the
law-for example, that a patient licensed to grow marijuana for personal use has
only the amount allowed.
Public comments prompted some changes before the regulations became final.
The department revised rules on verifying applicants' information and changed
application fees for patients who apply to produce marijuana, allowing the state
to waive the fee depending on a person's income. The final rules also
allow patients to possess more than 6 ounces of medical marijuana if a medical
practitioner explains why a larger dose is needed.
The law that established the program lets people petition to add other medical
conditions. The Health Department's Medical Advisory Board plans a a
public hearing in Albuquerque on Jan. 15 to review petitions for
additional conditions.
The department also will put together an annual report to the health secretary
about whether patients' needs are being met and whether a state-run production
and distribution facility might be needed.
"We wanted to put something in our regulations that provided for an
assessment of how the program is working," Busemeyer said. Officials
want to make sure it not only meets patient needs, but also protects public
safety, she said.
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