NM Abandons Plans For State Medical Pot Farms

"The Department of Health will not subject its employees to potential federal prosecution, and therefore will not distribute or produce medical marijuana," said Dr. Alfredo Vigil, who heads the agency.

The decision came after state Attorney General Gary King cautioned last week that the agency and its employees could face federal prosecution for implementing the new law, and that his office can't defend state workers in criminal cases. Marijuana is illegal under federal law.

The attorney general's office, which acts as legal counsel for state agencies, was pleased with the health department's decision, spokesman Phil Sisneros said.

Medical marijuana advocate Reena Szczepanski said the department is "leaving itself vulnerable to a lawsuit" for not complying with the law. She urged the agency to reconsider so patients would be able to get the drug from a source that's legal under state law.