by Deborah Baker, Associated Press

SANTA FE, N.M. — New Mexico will not grow medical marijuana for seriously ill patients for fear that the federal government could prosecute state workers, but will continue to certify which patients are eligible to possess the drug.

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

"I remember certain legislators talking about how they didn't want their grandmother to have to go into some alley and deal with some criminal element," said Szczepanski, a lobbyist for Drug Policy Alliance New Mexico who helped push the legislation through this year.

Thirty patients have been approved to participate in the program since the law took effect July 1, according to a department spokeswoman.

"What we're doing now is what every other state is doing that has a medical marijuana law. ... Those states have set a precedent in being able to successfully do that," she said.