Pubdate: Wed, 07 Mar 2001
Source: Albuquerque Tribune (NM)
Copyright: 2001 The Albuquerque Tribune
Contact:  P.O. Drawer T, 7777 Jefferson NE, Albuquerque, NM 87109
Website: http://www.abqtrib.com/
Author:  Lowry McAllen, Tribune reporter

MEDICAL MARIJUANA BILL APPROVED BY THE SENATE

The bill passed with a 29-12 vote; Still, opposition to many of Gov. 
Johnson's drug policies exists.

SANTA FE -- Medical use of marijuana has won approval by the Senate 
but several supporters of the bill said they wouldn't vote for other 
parts of Gov. Gary Johnson's drug policy changes.

And members of the Legislature could get a chance to take that stand 
in response to a vote from a House committee. The Senate passed a 
bill by a bipartisan vote of 29-12 Tuesday night to create a system 
for getting marijuana to patients with debilitating illnesses and to 
certify those patients' medical need.

Sen. Mary Jane Garcia said her support would extend no further than a 
vote in favor of the medical bill.

"This is probably the only one that I will support," said Garcia, a 
Las Cruces Democrat and the Senate majority whip.

Sen. Steve Komadina said he was supporting the bill for medical 
reasons and was separating it in his mind from other drug policy 
changes in the governor's package.

"This is not a drug issue; this is a medical issue," said Komadina, a 
Corrales Republican and a practicing physician. "I'm completely 
separating this issue from any other bills."

Through the bill, SB 319, the Health Department will have to set up a 
system for assuring that marijuana doesn't get into the wrong hands 
and that those using it through its program are truly in need.

The bill now heads to the House for approval during the current 
60-day session of the Legislature.

Amendments made to the bill on the floor of the Senate required 
creation of a photo identification for patients receiving marijuana 
for treatment.

But the chairman of the Senate Judiciary Committee, Sen. Michael 
Sanchez, rose in opposition to the bill by saying that he had 
concerns over how the program would be run. Health Department 
Secretary Alex Valdez has said he feels confident his agency will be 
able to effectively control the distribution of marijuana.

"I do not believe the state of New Mexico can do what it says it can 
do in this bill," Sanchez, a Belen Democrat, said. He also said the 
courts are, in practice, relatively lenient with those who possess a 
small supply of the drug. "I don't know when I've seen anyone 
prosecuted for a small amount of marijuana," said Sanchez, a trial 
lawyer.

That court environment could now be changed by a bill that moved 
through the House Consumer and Public Affairs Committee on Tuesday.

The bill, HB 918, would eliminate criminal penalties for possessing 
one ounce of marijuana and replace those penalties with a $300 fine 
for the first and following offenses.

Existing law imposes a 15-day jail sentence and a fine of $50-$100 
for the first offense of marijuana possession. Subsequent offenses 
see a jail term of up to one year and a fine of up to $1,000, under 
current law.

With H.B. 918, children under the age of 18 would still receive the 
existing jail times. The bill expands judges' powers to call for drug 
treatment and rehabilitation for young offenders.

The Consumer and Public Affairs Committee sent the bill on to the 
House Judiciary Committee without a recommendation to either reject 
or approve the bill.

One member of the Judiciary Committee, Rep. Ron Godbey, said he'll 
fight to defeat the bill when it comes up for debate. "The penalties 
right now are so weak already," said Godbey, an Albuquerque 
Republican. "I'm going to argue long and hard against this bill."
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