ALBUQUERQUE — A freshman New Mexico lawmaker — who is also a high school teacher — is trying to repeal the state's medical marijuana law.

The law "sends a bad message to kids, that somehow marijuana is good for you," said Republican Rep. Jim Smith of Sandia Park, who teaches at East Mountain Charter High School east of Albuquerque.

Last year, during her campaign, Gov. Susana Martinez said the state's medical marijuana law put state employees in the position of violating federal law. The federal government classifies marijuana as a Schedule 1 drug, which is a category reserved for drugs that have "no currently accepted medical use."

But after taking office Jan. 1, the Republican governor focused on New Mexico's pressing budget issues and said the repeal was not a priority in the 2011 legislative session.

Smith, however, said he was encouraged by an effort in Montana to repeal that state's medical marijuana law. Montana House Speaker Mike Milburn argues the multimillion dollar marijuana industry has gone far beyond what voters envisioned when they voted for it in 2004.

Martinez spokesman Scott Darnell said the governor would sign a repeal of New Mexico's medical marijuana law if it reached her desk.

Earlier this month, some legislators who originally voted for the law said they were troubled by the expansion in medical conditions that qualify for the program and, subsequently, the growing number of people using it.

Only patients with conditions approved by the health secretary can legally use medical marijuana. When New Mexico's law went into effect in July 2007, the state had seven approved medical conditions, including cancer, glaucoma, multiple sclerosis, epilepsy and HIV or AIDS. Now there are 16 approved conditions. In some cases, people in hospice care can also qualify. The program is overseen by the state Department of Health.

As of Feb. 16, the day before Smith introduced his bill, New Mexico had 3,218 active patients.

Smith's measure is expected to be heard next week by the House Consumer and Public Affairs Committee, whose vice chairman is Rep. Antonio Maestas, D-Albuquerque, who sponsored the medical marijuana law in the House.

Maestas said the program has proved to be more valuable than expected, especially with soldiers returning from war using it to treat post traumatic stress disorder.

"Moving medical marijuana out of the criminal justice realm is difficult for many people to accept, but I believe the vast majority are in agreement it was a great decision and should not be rolled back," Maestas said.

Smith said it's hard to argue against people in pain who say medical marijuana makes them feel better, but he believes there are medical alternatives.

Smith said he's encouraged by the bill's 27 co-sponsors, both Republicans and Democrats, who signed onto the one-page bill when it was introduced earlier this month.

"The people I got to sign the bill were very passionate about wanting to get rid of medical marijuana," Smith said.



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