Pubdate: Sat, 06 Jan 2001
Source: Santa Fe New Mexican (NM)
Copyright: 2001 The Santa Fe New Mexican
Contact:  202 E Marcy, Santa Fe, N.M. 87501
Fax: (505) 986-3040
Feedback: http://www.sfnewmexican.com/letterstoeditor/submitform.las
Website: http://www.sfnewmexican.com/
Author: Steve Terrell
Bookmark: http://www.mapinc.org/johnson.htm (Johnson, Gary)

JOHNSON'S STAFF TO DRAFT EIGHT DRUG BILLS

Enthusiastically embracing the recommendations of his drug-policy advisory 
panel to revamp New Mexico's way of dealing with drug use, Gov. Gary 
Johnson said Friday his staff is drafting eight bills to make those 
recommendations law.

Senate President Pro-tem Manny Aragon, a Democrat from Albuquerque, was as 
cool to the idea as Johnson, a Republican, was passionate.

However, some legislators expressed qualified support for liberalizing drug 
laws. "I can support his program with one provision," said Rep. Max Coll, a 
Santa Fe Democrat, "if he puts a lot of money into rehabilitation programs. 
He's vetoed money for treatment programs right and left. That's his 
history. I hope he changes his mind."

Making treatment available on demand was a major point of the Governor's 
Drug Policy Advisory Group's report released this week. However, no dollar 
amount on treatment has been proposed.

Among the bills Johnson will propose are measures to legalize possession of 
an ounce or less of marijuana; to make possession of drugs a misdemeanor - 
instead of a felony - for first- and second-time offenders; and to allow 
sufferers of serious diseases to smoke marijuana to relieve pain.

"I am calling for a big change in strategy in New Mexico," Johnson said at 
a Friday news conference. "Are we really out to save lives, or are we out 
to continue to arrest and incarcerate this country? We need to work harder 
to save people's lives rather than locking them up."

Johnson told reporters he believes people who use drugs and harm others 
should be punished, as should those who sell drugs to children.

"But if you're smoking marijuana in your own home and you aren't harming 
anyone but arguably yourself, should that be criminal?" the governor asked.

More than once during the conference Johnson noted, "At one point in this 
country, it was illegal to have a drink."

State law-enforcement leaders - including representatives of the state 
District Attorneys Association and the Santa Fe Police Department - said 
this week they would oppose any effort to decriminalize drugs in New Mexico.

The other drug-policy bills Johnson plans to introduce include measures to:

. Change the state habitual-offender act so those convicted of drug crimes 
would not face mandatory additional prison time from previous offenses.

. Expand the state needle exchange, changing the law so pharmacists cannot 
be charged with drug-paraphernalia offenses for distributing needles.

. Change liability laws to allow police officers and others to administer a 
drug called naloxone or Narcan, which can save the life of someone 
overdosing on heroin.

. Change civil forfeiture laws so the government cannot seize money and 
property from a drug trafficker until the trafficker is convicted. 
Currently, the government can seize assets immediately following an arrest. 
Prosecutors would have to show "clear and convincing" evidence that the 
assets being seized are related to drug activities.

. Change the law to allow ex-cons to become drug counselors.

Although Johnson said he already has sponsors for the bills, he declined to 
name those legislators. He said the sponsors include Republicans and Democrats.

But whether the governor can persuade legislators to go along with him to 
pass the bills is not clear.

Referring to Senate Democrats, Aragon said Friday, "Our priorities are 
education, health care, public safety and economic development. I hope we 
look at these issues early on (in the upcoming legislative session)."

Until these matters are addressed, Aragon said, Johnson's drug proposals 
will be "on the back burner."

"I can't really comment on these bills until I see them," Aragon said.

Coll said, "I can generally support these policies, though there may be a 
few things I'd want to tweak. I just hope it's well-salted with money for 
treatment."

Johnson said the bill legalizing small amounts of marijuana will be the 
most controversial of his proposals.

Asked about that proposal, Aragon said he was concerned about legalizing 
possession of a certain amount of drugs when it would require an illegal 
act to obtain those drugs.

In 1977, Aragon, then in his first Senate term, proposed a bill that would 
have legalized possession of up to three ounces of marijuana at a 
residence. The Senate eventually defeated that bill.

Johnson aide Dave Miller, who is responsible for drafting the bills, said 
the advisory committee did not make any recommendations to change existing 
drug-trafficking laws.

"As far as possession goes, we are only talking about small amounts," he 
said. Under state law, when someone is caught with large quantities of 
drugs, they are usually charged with trafficking.

Liberalizing possession laws but not changing trafficking laws could lead 
to some seeming contradictions, Miller admitted.

For instance, in the changes proposed for medical marijuana, a cancer 
patient could use marijuana without being arrested. But he would have to 
purchase the marijuana illegally. The person selling the marijuana to the 
cancer patient could be arrested for drug trafficking.

But, Miller said, there might be a provision to allow such patients to 
cultivate small amounts of marijuana.

Earlier this week, Santa Fe District Attorney Henry Valdez and Las Vegas 
District Attorney Matt Sandoval, who is president of the state District 
Attorneys Association, said their group would not oppose letting seriously 
ill people use marijuana, if that was what a patient's doctor ordered.

In addition to the proposed legislation, Johnson said, he is directing Lou 
Gallegos, his chief of staff, to coordinate all the state government's drug 
policies and programs.

Johnson said he will ask the Department of Finance and Administration to 
create a "global" drug budget and to determine the effectiveness of state 
drug programs.

Johnson is also directing Health Secretary Alex Valdez to accelerate the 
naloxone distribution program.

The governor said he will also meet with Flora Sanchez, the president of 
the State Board of Education, to discuss drug education in public schools. 
The advisory group recommended the state get rid of drug-education programs 
that are not scientifically based.
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MAP posted-by: Terry Liittschwager