Pubdate: Fri, 13 Feb 2015 Source: New Mexican, The (Santa Fe, NM) Copyright: 2015 The Santa Fe New Mexican Contact: http://www.santafenewmexican.com/SendLetter/ Website: http://www.santafenewmexican.com Details: http://www.mapinc.org/media/695 Author: Phaedra Haywood ATTORNEY ADVISES REVISIONS TO MEDICAL POT RULES A hearing officer hired to oversee the state Health Department's overhaul of its Medical Cannabis Program is recommending several revisions to the proposed new rules, including elimination of a requirement that applicants submit biometric information and an increase in the allowable concentrations of THC in marijuana produced for the program's patients. Patients, producers and would-be producers for the program have been closely following the rule-change process, in part because the Health Department has said it would not begin issuing licenses to new producers until after the new rules are in place. No new producers have been licensed since 2010, and the department's own study has shown that the 23 producers who are currently licensed are only able to meet about 20 percent of patient demand for legally grown marijuana. About 11,200 patients - each with one or more of 16 qualifying conditions - are enrolled in the Medical Cannabis Program. The hearing officer, attorney Susan Hapka, wrote the recommendations after listening to comments from more than 50 people during a public hearing Dec. 29 and reviewing about 1,100 written comments on the proposed rule changes submitted late last year. Hapka also considered comments from more than 100 people during a public hearing last June and 1,000 written comments submitted at that time. After the June meeting, she recommended the department hold off on adopting the rules, which led to revisions and the second public hearing. Hapka's recommended changes to the new rules include: Eliminating a proposed rule that would require patients to submit fingerprints or other biometric information when applying for cards. Increasing the maximum allowable concentration of THC in cannabis-derived products from 60 percent to 70 percent. Increasing the maximum water content for cannabis from 10 percent to 15 percent. Clarifying that nonprofit producers are able to deliver to patients who live within 300 feet of a school, church or day care center. Changing a requirement that would have called for nonprofit producers to submit a "financial audit." Instead, Hapka recommends simply requiring an "audit." The original requirement was challenged by producers who said federal cannabis laws make it difficult to obtain a certified financial audit. According to documents submitted as part of her report, Hapka asked the Department of Health to clarify its intent in imposing several rules that had been opposed by people who spoke at the December hearing, such as a rule limiting the supply of marijuana a patient can have, a rule prohibiting more than two patients with personal production licenses from living in the same location and a rule requiring patients to renew their cards annually. However, Hapka did not recommend changes to those rules. Department spokesman Kenny Vigil said the department received Hapka's report Thursday and will review it before making any final decisions. "There is no set time frame for finalizing the rules," Vigil said in an email Thursday. Hapka's entire report and correspondence between her and department counsel Chris Woodward can be read online at www.santafenewmexican.com. - --- MAP posted-by: Jay Bergstrom