A psychiatric nurse wants a judge to order the state Department of Health to expand the state's medical-marijuana program to include more people who suffer from major depression.

Bryan A. Krumm says people with major depression because of post-traumatic stress disorder may obtain medical marijuana in New Mexico, but not those with major depression for other reasons.

The Medical Advisory Board last year voted 5-2 to make all major depression eligible for the medical-cannabis program as a result of his request, but outgoing Cabinet secretary Alfredo Vigil overruled that Jan. 4.

In a letter to Krumm, Vigil said studies of the effectiveness in treating major depression "do not offer a reasonable assurance that cannabinoids would likely assist in alleviating symptoms caused by that condition or its medical treatments."

On Jan. 29, the new health secretary, Catherine Torres, denied Krumm's request for an administrative appeal.

Krumm's pro-se lawsuit seeking a declaratory judgment and injunctive relief was filed in state District Court in Santa Fe on March 1. No hearing has been scheduled yet in the case, which is assigned to state District Judge Sarah Singleton.

Krumm, a psychiatric nurse practitioner at Sage Neuroscience in Albuquerque since October 2007, said marijuana is less harmful than antidepressant drugs usually prescribed for major depression. "Cannabis tends to be fairly well tolerated," he said. "I've seen very few problematic side effects in patients who are treated with cannabis, and I do see significant benefits that stem from that use."

He said the Medical Advisory Board approved and the health secretary then overturned his previous requests to make medical marijuana legal for people with Alzheimer's disease and severe behavioral disturbances from dementia, traumatic brain injury, autism and mental retardation. Krumm said he is also involved in a federal court case aimed at getting the U.S. Drug Enforcement Administration to "reschedule" marijuana on its list of controlled substances.

Krumm said he is a reverend in the Zen Zion Coptic Orthodox Church. "We're not like a big overly organized church, but we do recognize the spiritual benefits of cannabis along with the historical use in religious circumstances," he said.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.