Marijuana Policy Project

SANTA FE The House reversed course and approved a proposal Tuesday to legalize the medical use of marijuana, giving renewed hope to advocates that the measure will become law.

The 36-31 vote by the House was a turnaround from last week when a similar medical marijuana proposal was narrowly defeated.

Gov. Bill Richardson, who supports the proposal, met with individual House members to help revive the legislation.

The proposal will allow the use of marijuana for pain or other symptoms of debilitating illnesses such as cancer, glaucoma, epilepsy, multiple sclerosis, HIV-AIDS and certain spinal cord injuries.

"This bill will provide much-needed relief for New Mexicans suffering from debilitating diseases while including the proper safeguards to prevent abuse," Richardson said after the House vote. "I am pleased that the Legislature did the right thing, reconsidered this important bill and supported a humane option for New Mexicans who endure some of the most painful diseases imaginable."

The proposal is close to clearing its final hurdle in the Legislature and going to the governor's desk.

The bill passed the Senate over the weekend and will go to the governor if the Senate accepts a relatively minor change made by the House.

Under the legislation, a doctor or other health care provider would certify to the Health Department that someone suffers from a qualifying illness. The agency would be responsible for approving a person's application to participate in the medical marijuana program.

Patients could not grow marijuana themselves. The department would license marijuana providers who would produce it in "facilities within New Mexico housed on secured grounds" in the state.

Opponents of the bill said it will send a pro-drug message to children if the state legalizes marijuana for medical uses.

"This is not a medical bill. This is a bill to legalize marijuana and crack this door open," said Rep. William Rehm, R-Albuquerque.

Rep. Manuel Herrera, D-Bayard, choked up as he recounted his fight against cancer.

"I've survived this cancer five times and I intend to fight it with whatever is available, except marijuana," said Herrera.

The House added a provision to the Senate-passed bill that would prevent any state licensed marijuana distributors from being located near a school.

Advocates of medical marijuana praised lawmakers for approving the measure.

"I'm not sure I ever thought this day would come," said Reena Szczepanski of Drug Policy Alliance New Mexico.

"Every year we begin with such optimism, and we believe in the humanity ... and the compassion of the Legislature. I'm so glad we were proved right this year," she said.