An Albuquerque nurse is suing the government to be able to prescribe medical marijuana to his patients.

Psychiatric nurse practitioner Bryan Krumm said he's afraid he'll be raided by the Drug Enforcement Administration if he prescribes the drug. The DEA has made such raids at California clinics, where state law makes medicinal marijuana usage legal.

Recently, New Mexico's health department finalized rules for non-profits to grow medical pot. But so far, no group has been cleared by the state to start growing.

Under the law, patients can grow marijuana for personal medical use, but it does not protect them from federal prosecution.

Krumm filed a lawsuit in federal court as the lone plaintiff. He hopes to convince the courts to change marijuana's classification as a dangerous drug to a drug with medical value.

"Marijuana has very unique therapeutic properties," Krumm said. "It also has the potential to treat many diseases."
Krumm said he would like to prescribe marijuana, but fears the heavy hand of the US government, even though state law okays pot's medical usage.

"I haven't been able to ethically refer my patients into the medical marijuana program at this point. I can not put them in that jeopardy of facing those federal charges," he said.

Krumm filed the suit pro se, meaning he will do the legal work and pay the court fees himself.

The local DEA has not said if it would prosecute any New Mexicans qualified to smoke medical marijuana.

- Article from KOB.com on January 16, 2009.