COM. AN ALBUQUERQUE NURSE IS SUING THE FEDS OVER MEDICAL MARIJUANA. HE SAYS HE WOULD LIKE TO PRESCRIBE IT, BUT HE’S AFRAID IT'LL GET HIM AND HIS PATIENTS ARRESTED BY THE D-E-A. JEREMY JOJOLA IS HERE TO EXPLAIN. OUR STATE IS ONE OF 13 IN THE COUNTRY THAT HAS LEGALIZED MARIJUANA FOR MEDICINAL USE. BUT IT'S STILL A FEDERAL CRIME TO GROW IT OR POSSESS IT. NURSE PRACTITIONER BRYAN KRUMM SAYS HE'S HOPING TO GET THE FEDS TO BACK OFF WITH THIS LAWSUIT. THE D-E-A HAS MADE ITS POINT IN PLACES LIKE CALIFORNIA, A MEDICAL MARIJUANA STATE. AGENTS HAVE RAIDED MARIJUANA CLINICS, DECLARING THEM ILLEGAL UNDER FEDERAL LAW. IN ALBUQUERQUE, PSYCHIATRIC NURSE PRACTITIONER BRYAN KRUMM FEARS WE COULD SEE THE SAME SCENES IN NEW MEXICO. JUST RECENTLY THE STATE HEALTH DEPARTMENT FINALIZED RULES FOR NON-PROFITS TO GROW MEDICAL POT. BUT SO FAR, NO GROUP HAS BEEN CLEARED BY THE STATE TO START GROWING. 'and under the current state law, it allows patients to grow marijuana for their own medical use, but it doesn't protect them from prosecution by the federal government.' SO KRUMM HAS FILED THIS LAWSUIT IN NEW MEXICO'S FEDERAL COURT. IT'S A CASE OF DAVID VS GOLIATH. KRUMM IS THE LONE PLAINTIFF ON THE SUIT. HE HOPES IT WILL CONVINCE THE COURTS TO CHANGE MARIJUANA'S CLASSIFCATION AS A DANGEROUS DRUG TO A DRUG THAT HAS MEDICINAL VALUE. 'marijuana has very unique therapeutic properties.''it also has the potential to treat many diseases.' KRUMM SAYS HE WOULD LIKE TO PRESCRIBE MEDICAL MARIJUANA, BUT FEARS THE U-S GOVERNMENT WILL COME AFTER HIM.. 'of course I'm worried about that, and that's what I haven't been able to ethically refer my patients into the medical marijuana program at this point. I can not put them in that jeopardy of facing those federal charges.' KRUMM FILED THE SUIT PRO SE, MEANING HE'S DOING THE WORK AND PAYING FOR COURT FEES BY HIMSELF. THE LOCAL DEA SO FAR HAS NOT REVEALED IF IT WOULD PROSECUTE ANY NEW MEXICAN'S QUALIFIED TO SMOKE MEDICIAL MARIJUANA. BACK TO YOU. MORE THAN TWO- HUNDRED NEW MEXICANS HAVE SIGNED UP FOR