Pubdate: Thu, 15 Feb 2001
Source: Santa Fe New Mexican (NM)
Copyright: 2001 The Santa Fe New Mexican
Contact:  202 E Marcy, Santa Fe, N.M. 87501
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Author: Steve Terrell

REHAB BILL MIGHT SAVE GOVERNOR'S DRUG-REFORM PLAN

A $9.8 drug-rehabilitation bill could be a "political salve" that generates 
more support for Gov. Gary Johnson's drug-reform package, supporters of the 
package said Wednesday.

House Bill 813, introduced Wednesday in the state House of Representatives, 
and the identical Senate Bill 628 introduced Tuesday, should satisfy 
Democratic legislators who have been reluctant to back other drug-reform 
bills, said Dave Miller, Johnson's legislative liaison.

Each bill is backed by influential Democrats in the Legislature.

Miller on Wednesday expressed frustration that several of the more 
controversial bills in the package - specifically those involving lowering 
penalties for drug possession - have not yet been heard in committee.

Asked by a reporter about the chances for bills that would decriminalize 
possession of small amounts of marijuana, Miller initially replied that 
decriminalization probably is "dead in the water."

However, later he said he wanted to retract that statement. "The fight goes 
on," Miller said. "Decriminalization is alive, though it may not be well."

Miller said he expects a House version of SB315 - which would remove 
criminal penalties from first-time possession of an ounce or less of 
marijuana but would impose a maximum fine of $100 - to be introduced today, 
the last day to introduce bills this session.

Both former Gov. Toney Anaya, a Democrat, and former state Rep. Mickey 
Barnett, a Republican - lobbyists working to pass Johnson's drug package - 
said it is far too early to write an obituary for marijuana 
decriminalization or any other of the bills.

"It's only Day 29," Barnett said. "No one knows what's going to happen."

The Lindesmith Center, a New York-based think tank dedicated to drug-law 
reform, hired Anaya and Barnett as lobbyists.

Anaya said many Democratic legislators were waiting to see what type of 
treatment bill Johnson would propose. "Hopefully, once they see they see 
this bill, they will be more open," he said.

He described the rehabilitation bills as "a pretty progressive program."

The bills would allocate $6 million to the Department of Health and $2 
million to the Corrections Department for existing and new drug-treatment 
programs. There also would be $1.8 million to the Department of Health for 
substance-abuse prevention programs for youth.

Sen. Ben Altamirano, D-Silver City, chairman of the Senate Finance 
Committee, is sponsoring SB628.

The bill's co-sponsors include Sen. Manny Aragon, D-Albuquerque, who in a 
speech on the Senate floor last month called upon Johnson to "put your 
money where your mouth is" and be "intellectually honest (about) a monetary 
figure on what does it cost to treat heroin addicts."

Rep. Patsy Trujillo-Knauer, D-Santa Fe, and Rep. Max Coll, D-Santa Fe, are 
sponsoring the House version, HB783.

Of the eight bills, Anaya said, the ones dealing with criminal sentencing 
are the hardest sells.

Another bill would make simple possession of all illegal drugs a 
misdemeanor for first- and second-time offenders.

The bill would not allow prior drug-possession convictions to be used to 
enhance a defendant's sentences under the state Habitual Offender Law.

Anaya and Miller said some of the other drug-reform bills are making 
progress through committees.

SB320 - which would change the law so pharmacists cannot be charged with 
drug-paraphernalia offenses for distributing clean needles to drug addicts 
- - cleared the Senate Corporations and Transportation Committee this week.

The Senate Judiciary Committee voted 5-3 Monday to recommend passage of 
SB314, which is sponsored by Aragon, and would require a criminal 
conviction before asset forfeiture. Currently, police can seize and 
confiscate assets without charging the owners with a crime.

The House Consumer and Public Affairs Committee is scheduled today to hear 
HB431, sponsored by Rep. Joe Thompson, R-Albuquerque, which would allow 
sufferers of certain medical conditions to use marijuana as a treatment for 
pain and nausea.
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