Roundhouse Roundup: Anti-Medical Marijuana Bill Snuffed Out

A version of this was published in The Santa Fe New Mexican
March 10, 2011

A medical marijuana clinic and
 Botox clinic , Venice Beach, Calif. 

Not very many people actually thought that medical marijuana would be a major issue in this legislative session.

True, Susana Martinez, whenever asked by reporters, said during last year's gubernatorial campaign that she opposed the program, which the state adopted in 2009 as a way for people suffering from certain maladies to make medicinal use of the drug. But not long after her inauguration, Martinez made it clear that repealing medical marijuana was not high on her list of priorities.

Some activists became concerned last month, however, when freshman Rep. Jim Smith, R-Sandia Park, introduced House Bill 593, designed to shut down the program. Was there a chance the Legislature might really do it?

No, there wasn't. And by early this week, Smith himself realized it. He issued a news release Tuesday saying as much, and on Wednesday, he confirmed to me that he'd ask to pull the bill, which had been scheduled for a committee hearing this weekend.

"I've spent time talking to (Rep.) Moe Maestas," Smith said, referring to the Albuquerque Democrat who in the past has carried medical-marijuana bills. He also said he'd talked with activists who back the program.

"I think there needs to be more information about the program," Smith said. "We really need to study it and get all the information available."

So instead of HB 593, Smith will be pushing House Memorial 53, which he introduced this week. The memorial calls for the state Health Department to make a report on the program this year after the session is over.

Rep. Jim Smith

The memorial notes that the original bill that established legal medical marijuana in the state called for an annual report on the program. However, the department hasn't submitted any reports, apparently because of lack of funding, Smith said.

The study would consider "new developments in the field of medicine, appropriate age ranges for treatment of debilitating conditions with medical marijuana, the legal status of the unresolved conflicts between state and federal law, whether the use of marijuana for medical purposes has resulted in any increased criminal activity," among other points.

The proposed study, which would be submitted to an interim legislative committee by October, also would look at "unresolved issues, problems and benefits and whether continuation of the program is justified."

Smith emphasized that he wants to hear from all sides of the issue. And he stressed, "I'm not advocating that any medicine be taken away from people who need it."

Emily Kaltenbach, state director of the Drug Policy Alliance — which led the effort to establish the state's medical-marijuana program — said she looks forward to the study and interim committee hearings. "We look forward to having that dialogue, sharing information and educating during the interim."

She said the study should include input from patients in the program: "We could make this a meaningful study."

The bill has been assigned to the House Consumer & Public Affairs Committee as well as the House Appropriations Committee.

Mardi Gras surprise: People attending a couple of recent Democratic fundraisers probably were shocked to see one face in the crowd: State Sen. Rod Adair, R-Roswell.

Adair, one of the most conservative lawmakers in the Roundhouse, confirmed Wednesday that he was given a ticket — valued at $100 — for a recent state Democratic fundraising dinner. Later, a Democratic friend gave him a ticket — valued at $40 — for a Santa Fe County Democratic Party Mardis Gras celebration Tuesday.

The senator stressed that he didn't purchase either ticket.

"They had Cajun food," Adair said. "I had a good dinner and a good time."

He said he enjoyed talking with Santa Fe District Attorney Angela "Spence" Pacheco, who supported Adair's SB 96 to fund a system to warn crime victims when offenders are released from prison. The bill passed the Senate this week.

Not Enough Time to Debate Medical Marijuana Repeal, Smith Says

Freshman Rep. Jim Smith, R-Sandia Park apparently realizes that his bill to repeal the state's medical marijuana program doesn't seem to have much traction in the Legislature.

Smith issued a news release in which he's calling for a Health Department study on the program during the interim.

... with the first hearing on the bill not scheduled until late in the session, it is clear there will not be enough time to fully debate the bill. To that end, Rep. Smith has held discussions with those on the other side of the issue and has introduced a Memorial to debate the issue in the interim, and get more information on the program.


“This is a debate that will happen,” said Rep. Smith “there are too many questions about this program that need answers.” Rep. Smith has agreed to bring his measure in the interim so that everyone deeply concerned about this issue can be heard. “I believe this is a debate that should have the time it needs for everyone to voice their opinion.”

Smith's House Memorial 53 notes that the original bill that established the program called for an annual report on the program -- which hasn't happened, apparently due to lack of funding.

Gov. Susana Martinez said during last year's campaign that she'd favor repealing the program. But early this year she said it would not be a priority in this legislative session.

Susana: Repealing Medical Marijuana Law Not a Priority

A version of this was published in The Santa Fe New Mexican
January 7, 2011

Although she still opposes the idea of allowing medical use of marijuana, Gov. Susana Martinez said Thursday that repealing the state’s medical cannabis program will not be a priority for her in the upcoming legislative session.

“I oppose medical marijuana,” Martinez said at a news conference, repeating a campaign statement that the program puts state employees in the position of violating federal drug laws.

But when asked if she’d seek legislation to repeal the law passed in 2007, Martinez said, “We have bigger issues we have to deal with, like balancing the $450 million budget deficit and reviving the economy.”

About 3,000 patients are enrolled in the New Mexico program.

Indeed, it appears that medical marijuana won’t be an issue in the upcoming 60-day session of the Legislature.


State Rep. Bill Rehm, R-Albuquerque, a retired police detective who has been vocal in his opposition to medical marijuana, said in a phone interview Thursday that he probably won’t be leading any charge to repeal the program.

Rehm said it’s possible that a repeal bill could clear the House, but it would be hard to get it through the Senate.

A 2007 vote in the House was close, but the Senate passed the “Lynn and Erin Compassionate Use Act” by a margin of 32-3.

Proponents of medical marijuana were happy with Martinez’s statement.

“I see this program staying intact over the next four years,” said Sen. Cisco McSorley, D-Albuquerque, who sponsored several medical marijuana bills over the past decade. “I feel the program we have, with all its checks and balances, has become a model for the nation. There’s things in the program we need to change and improve. But it’s a long-term experiment.”

Under the law, patients suffering specific medical conditions have to be recommended to the program by a doctor. They can legally obtain marijuana for treatment by growing their own or buying from a licensed provider. There currently are 25 nonprofit providers, though McSorley said that number needs to double to meet demand.

McSorley said that none of the “horrible things” predicted by opponents of the law during the years it was debated in the Legislature have come to pass.

Rehm, however, noted that in the short time the program has been in place, the number of conditions that qualify a patient for the program has expanded.

Currently there are 15 qualifying conditions — among them cancer, glaucoma, multiple sclerosis, HIV/AIDS, severe chronic pain and post traumatic stress disorder. Those with PTSD need a psychiatrist’s diagnosis to qualify.

Sheila Lewis, interim director of the state’s Drug Policy Alliance — a group that lobbied for years to pass the medical marijuana bill — also said she was glad that Martinez said she won’t focus on repealing the medical marijuana law. Referring to various polls that show support for medical marijuana, Lewis said the governor is following the will of the people.

Some proponents have expressed the fear that even if the Legislature doesn’t rescind the law, Martinez could administratively weaken the program — cutting its budget or establishing administrative regulations that would make it difficult for patients or providers to participate.

Lewis said recently passed regulations that raised fees on marijuana producers will help keep the program self-sufficient. The new fees, adopted by the Health Department last month, are $5,000 for producers licensed less than one year, $10,000 for more than one year, $20,000 for more than two years and $30,000 for more than three years.

Many producers complained that the fees were too high and would make it more expensive for the patients. Lewis said the fact the Health Department raised the number of plants the providers can have to 150 from 95 would help ease the increased financial burden on the providers.

A Health Department spokeswoman, said last month the program needs to take in about $700,000 a year to be self-sufficient.

In addition to the nonprofit marijuana providers, there are about 1,400 patients who are licensed to produce their own supply of marijuana for their treatment. These patients are allowed to have four mature plants and 12 seedlings.

Johnson Used Marijuana Medically

When former Gov. Gary Johnson first came out publicly for legalizing marijuana back in the late '90s, he made it clear that he hadn't used the evil weed since his college daze. It was bad for his skiing and all those athletic activities he so enjoys.

But now, Johnson told The Weekly Standard that he's actually smoked some boo in more recent years.

“It’s not anything I volunteer, but you’re the only person that actually asked about it,” says Johnson, who governed New Mexico from 1994 to 2002. “But for luck, I guess, I wasn’t arrested.” Although smoking marijuana for medicinal purposes was illegal in New Mexico until 2007, Johnson says he needed the drug following a 2005 paragliding accident in Hawaii. His sails got caught in a tree, he stalled—and fell about fifty feet straight down to the ground, he says. Johnson suffered multiple bone fractures, including a burst fracture to his T12 vertebrae. “In my human experience, it’s the worst pain I’ve ever felt.”


“Rather than using painkillers, which I have used on occasion before, I did smoke pot, as a result of having broken my back, blowing out both of my knees, breaking ribs, really taking about three years to recover,” Johnson says. He explains that painkillers had once caused him to suffer nasty side effects and the pain of withdrawing from the pills was unbearable. So, Johnson says, in 2005 "someone" who cared for him gave him marijuana to deal with the pain.

How will this affect Johnson's presidential chances if he becomes a 2012 candidate. I doubt this revelation hurts his standing among the Ron Paul supporters and other libertarian factions of the Republican Party who would be Johnson's main base of support.

But if his candidacy started catching fire in the primaries and Johnson started looking like more of a serious threat than Paul did in 2008, you could expect the GOP establish to use this like a hammer.

Johnson Disappointed in Martinez Campaign -- But He Voted for Her

Former Gov. Gary Johnson dropped by the Roundhouse just now. When asked about the campaign, the first thing he said was how sick he was of all the negative ads from all sides.

"Didn't I see an ad about Martin Heinrich feeding sharks off the coast of California who might then want to eat children?" he asked. "It's pathetic."

"I just want to throw up," he said.

"It would have been good to be able to hear what Susana Martinez stands for instead of what Diane Denish doesn't stand for. And vica versa," he told reporters.

Asked about Martinez's stance against the medical marijuana, he said he was disappointed. "It's a no-brainer," he said."People in pain should be able to have marijuana. It's less dangerous than prescription painkillers."

But he added that he cast his absentee ballot for his fellow Republican Martinez, mainly because of what he said were the excesses of the Richardson administration. Denish, he said, would be a continuation of those policies.

Johnson, a Taos resident, also said he voted for Republican Tom  Mullins over incumbent Democrat Ben Ray Lujan -- though he had to be reminded of Mullins' name.

Medical Marijuana Law Namesake Speaks Out

Erin Armstrong lobbied the state Legislature for three years to pass the medical marijuana law. Arnstrong, who was diagnosed with thyroid cancer at the age of 17, is the "Erin" in the "Lynn  & Erin Compassionate Use Act." She's the daughter of Debbie Armstrong, former state secretary of Aging and Long-term Services.

"It's not just a drug issue," she said at a news conference during the 2005 session. "It's a patients-rights issue. Patients should not have to decide if keeping down your next meal is worth getting arrested." 

She said at the time she dreaded the day she would be taken off her parents' insurance plan. At the time she was taking a drug called Zofran to control her nausea. It worked well, she said, but without insurance it would cost more than $3,000 a month for the drug.

By the time the law passed in 2007, Armstrong told The New Mexican that her symptoms had quieted down and she didn't need medical marijuana. 

Armstrong, a Santa Fe High and UNM grad now in her last year of law school in Berkeley, emailed me this morning with a comment about the recent Drug Policy Alliance tv ad aimed at  Republican gubernatorial Susana Martinez.

I am proud to have worked for years to help enact the Lynn and Erin Compassionate Use Act. I was deeply honored when legislators chose to amend the bill to include my name in its title. I continue to believe in the cautious, patient-centered, medical structure of the program. Most of all, I'm proud to be from a state that refuses to participate in the arrest of our most vulnerable citizens. Surely their quest for relief is not a crime. Surely their punishment is not worth our tax dollars or the blight on our collective humanity.

Whether or not one believes in the merits of medical marijuana, every New Mexican should care about Susana Martinez's desire to repeal this law. Martinez’s stance shows not only a stubborn allegiance to bad policy, it represents a fundamental disrespect for our political process. This law is the result of years of testimony and public education. Its safeguards are the products of deliberation and compromise. Martinez’s intent to dismantle this program not only ignores patients, it ignores deliberative democracy at its finest. Surely New Mexico deserves better.

Medical Marijuana Advocates Take On Susana

Drug Policy Action New Mexico will begin running ads today about gubernatorial frontrunner Susana Martinez's opposition to New Mexico's medical marijuana program.

My story in today's New Mexican  on that is HERE.

Check the ad below.

Guv Candidates on Social Issues

You can find my story on the positions of Diane Denish and Susana Martinez on various "social" issues like abortion, medical marijuana and domestic partnerships in today's New Mexican.

CLICK HERE

Spoiler Alert: Repubican Martinez is more socially conservative, while Democrat Denish is more liberal.

State Adds New Medical Marijuana Growers

The Health Department today announced six more licensed growers for the state medical marijuana program.

The new nonprofits are located in Harding, Doña Ana, Lea, Catron, Cibola and Bernalillo counties.

Catron County, for those not versed in New Mexico political demographics, probably is the most conservative county in the state.

The previously approved growers are in Santa Fe, Cibola and Bernalillo counties.

From the news release:

The Department of Health will provide patients with contact information for the newly licensed nonprofit producers in approximately six weeks. This will give the nonprofits time to set up their production facilities and get ready to respond to patient inquiries.

The Department approved the first nonprofit producer in March 2009 and four more in November 2009. Nonprofit producers are allowed to have 95 mature plants and seedlings and have an inventory of usable medical cannabis for patients. Patients can also apply to produce their own supply of medical cannabis and are allowed to have four mature plants and 12 seedlings.

There are 1,952 active medical cannabis patients, and 865 are licensed to produce their own supply of medical cannabis.

To be approved for the medical cannabis program, patients must have a physician certify that they have one of the 16 qualifying conditions that is debilitating and cannot be helped by standard treatments. Certain conditions require additional medical certifications or medical records detailing the condition.

Republican guberatorial candidate Susana Martinez has said he would get rid of the medical marijuana program. Denish supports the law.

AMA Takes 2nd Look at Medical Marijuana

Back when the Legislature was debating whether to adopt a legal medical marijuana program, a frequent argument was that the medical establishment didn't consider marijuana to have medical value -- and in fact the American Medical Association's official position on the issue was that the drug should remain on the list of Schedule I drugs -- those considered to have no medical benefit and to be harmful when used under any circumstances.

However, today the AMA's House of Delegates passed a resolution calling for "marijuana's status as a federal Schedule I controlled substance be reviewed with the goal of facilitating the conduct of clinical research and development of cannabinoid-based medicines, and alternate delivery methods."

Here's what an executive summary of the AMA's Council of Science and Public Health concluded:

Results of short term controlled trials indicate that smoked cannabis reduces neuropathic pain, improves appetite and caloric intake especially in patients with reduced muscle mass, and may relieve spasticity and pain in patients with multiple sclerosis. However, the patchwork of state-based systems that have been established for “medical marijuana” is woefully inadequate in establishing even rudimentary safeguards that normally would be applied to the appropriate clinical use of psychoactive substances. The future of cannabinoid-based medicine lies in the rapidly evolving field of botanical drug substance development, as well as the design of molecules that target various aspects of the endocannabinoid system. To the extent that rescheduling marijuana out of Schedule I will benefit this effort, such a move can be supported.

The executive summary is HERE. The complete report is being submitted for publication in peer-reviewed journals.

This news comes one day after the New Mexico Health Department announced four new licensed marijuana providers for the 755 certified patients in the state program. You can read my story about it, including comments from Santa Fe's latest licensed provider, HERE

NM Health Dept. Approves More Med Marijuana Providers

This from a new Department of Health press release:

The New Mexico Department of Health announced today that four additional non-profit medical cannabis producers have been licensed and can begin producing medical cannabis immediately. There are now five non-profit producers in New Mexico licensed to produce medical cannabis.

Dr. Alfredo Vigil, secretary of the Department of Health, said the additional non-profit producers were approved based on the needs of patients. Twenty-one non-profit producer applications are currently pending with the Department of Health. Dr. Vigil said no non-profit producer applications have been rejected and the department will continue to evaluate the need for additional producers based on patient need and public safety.

“We are the first state to develop this kind of distribution system for medical cannabis and we will continue to proceed carefully with the development of the program so we can meet the needs of our patients while not creating an excess supply,” Dr. Vigil said. “Our main goals are to ensure our patients have access to the medicine they need while building a sustainable program for New Mexico. The medical cannabis program is for people who cannot get relief from their suffering from any other means. We are very proud of the program’s success so far.”

Gov. Bill Richardson signed the Lynn and Erin Compassionate Use Act in 2007 that allows patients with qualifying conditions to use medical cannabis. The law also allowed New Mexico to develop a production and distribution system for medical cannabis patients.

The State’s first non-profit producer was approved in March 2009. Based on the amount of medical cannabis each producer can supply to patients, the Department of Health estimates that each non-profit producer will be able to supply medical cannabis to approximately 100 patients. Patients are allowed to possess six ounces of medical cannabis. Non-profit producers are allowed to have 95 mature plants and seedlings and have an inventory of usable medical cannabis for patients.

The Department of Health will notify patients about how to contact each non-profit producer to obtain a supply of medical cannabis. The current regulations that govern the Department of Health’s Medical Cannabis Program require that the names and locations of the non-profit producers be kept confidential to ensure the safety of patients, producers and the public.

Patients can also apply to produce their own supply of medical cannabis and are allowed to have four mature plants and 12 seedlings. There are 755 active medical cannabis patients and 204 are licensed to produce their own supply of medical cannabis. The Department of Health has approved 809 patients to use medical cannabis since the program began in 2007. Patients must reapply to the program each year. Eight patients have died and 46 chose not to renew their license.

To be approved for the medical cannabis program, patients must have a physician certify that they have one of the 15 qualifying conditions that is debilitating and can not be helped by standard treatments.

The qualifying conditions are severe chronic pain, painful peripheral neuropathy, intractable nausea/vomiting, severe anorexia/cachexia, hepatitis C infection currently receiving antiviral treatment, Crohn’s disease, Post-Traumatic Stress Disorder, Amyotrophic Lateral Sclerosis (Lou Gehrig’s disease), cancer, glaucoma, multiple sclerosis, damage to the nervous tissue of the spinal cord with intractable spasticity, epilepsy, HIV/AIDS and hospice patients.

Patients interested in more information about the Department of Health’s Medical Cannabis Program can go online to www.health.state.nm.us/idb/medical_cannabis.shtml or call 505-827-2321

UPDATE: Reena Szczepanski, director of Drug Policy Alliance New Mexico, who lobbied for years for the medical marijuana act, responded, "Today is a great day for the patients of New Mexico who are enrolled in the Medical Cannabis Program," said "The state is continuing to address the need for a safe, secure supply of medicine."

A Break from the Budget

Here's some medical marijuana news from the Drug Policy Alliance that affects New Mexico

The Obama Administration is releasing new guidelines today directing federal drug agents not to arrest or harass medical marijuana patients and their sanctioned suppliers in states that have approved the medicine, as long as they are following their state’s medical marijuana law. The new guidelines will impact thirteen states that currently allow marijuana for medical purposes. The states that allow some use of marijuana for medical purposes are: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

The guidelines are consistent with previous comments made by Attorney General Eric Holder back in March, and campaign pledges made by President Obama in 2008.

“This is a great day for patients in New Mexico who until now have been forced to choose between their health and the chance of federal prosecution. President Obama is doing the right thing by allowing New Mexico to implement the Lynn and Erin Compassionate Use Act carefully and responsibly without unreasonable federal interference,” said Reena Szczepanski, Director of Drug Policy Alliance New Mexico, “The New Mexico Department of Health should continue expanding access to a safe, regulated supply of medical marijuana for registered patients.”

“It's great to see the Obama administration making good on the promises that candidate Obama made last year. These new guidelines effectively open the door to sensible collaboration between state governments and medical marijuana providers in ensuring that patients have safe and reliable access to their medicine,” said Ethan Nadelmann, executive director of the Drug Policy Alliance, “Now is the right time for the Obama administration to move forward with federal legislation to end the irrational prohibition of medical marijuana under federal law.”

Update: The governor's office reacted:

“Our medical cannabis program in New Mexico is helping a select group of patients who cannot get relief from their pain and suffering from any other kind of treatment,” Gov. Richardson said. “I am pleased that President Obama has taken these steps to ensure patients will be protected while getting the medical relief they desperately need.”