Pubdate: Sat, 09 Feb 2002 Source: Albuquerque Tribune (NM) Copyright: 2002 The Albuquerque Tribune Contact: http://www.abqtrib.com/ Details: http://www.mapinc.org/media/11 Author: Gilbert Gallegos, Tribune Reporter Bookmarks: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) http://www.mapinc.org/find?194 (Hutchinson, Asa) http://www.mapinc.org/johnson.htm (Johnson, Gary) http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case) http://www.mapinc.org/area/New+Mexico MEDICINAL MARIJUANA BILL DIES IN COMMITTEE SANTA FE - The defeat of a medicinal marijuana bill is a major setback for Gov. Gary Johnson and proponents of liberalizing state drug laws. The medicinal marijuana bill died late Friday evening on a 5-5 vote in the Senate Judiciary Committee. Bills cannot move on to the next committee on tie votes. The measure, Senate Bill 8, was one of three bills that dealt with easing criminal penalties for possession or use of marijuana. All three bills have run into roadblocks in committee, making it unlikely they will be revived this session. A bill giving judges flexibility in sentencing nonviolent drug offenders has not made it out of the Senate Public Affairs Committee. Another bill making possession of less than an ounce of marijuana a civil penalty, rather than a criminal penalty, died in a House committee earlier this session. The medicinal marijuana bill probably had the best chance of passage since it nearly got out of the Legislature last year. But senators who had voted for it last year changed their minds this go-round. Sen. Bill Payne, a Northeast Heights Republican, said he gave the bill the benefit of the doubt last year when it was not clear whether legalizing marijuana for medical use violated federal law. But Payne said a recent U.S. Supreme Court decision in a California case persuaded him that there is no exception in the federal Controlled Substances Act to allow for the medical use of the drug. "I think you guys are stretching it," Payne told supporters of the bill. Sen. Cisco McSorley, an Albuquerque Democrat, tried to send the bill out of committee without a recommendation to pass or reject it. But the committee killed that idea on a 5-5 vote, as well. Sen. Manny Aragon argued during the debate that opponents of the bill were twisting the issue to make it appear as if the real intent was to eventually legalize marijuana for everyone. "I don't know how to argue or debate this, other than to look at this from a practical standpoint," said Aragon, a South Valley Democrat. He said arguments about federal drug laws were secondary to states' rights to enact laws to help people who suffer from debilitating diseases, such as AIDS or some forms of cancer. "I don't see this big fast conspiracy that everybody talks about," Aragon said. But Sen. Ramsay Gorham, a North Valley Republican who opposed the bill, said there was no getting around that the state was setting itself up for a legal battle against the feds. Gorham shared a letter she received from the head of the U.S. Drug Enforcement Administration, who said he believes the Senate bill conflicts with federal law. DEA Administrator Asa Hutchinson said such a state law would undermine drug enforcement efforts. "The bill is conspicuously silent with regard to the fact that the cultivation, distribution and possession of marijuana . . . would violate federal law and subject individuals engaged in such conduct to criminal and civil penalties," Hutchinson wrote. An analysis of Senate Bill 8 by the state Attorney General's Office also suggested that the measure, as written, would be illegal. The Supreme Court case "suggests that any medical use of cannabis would be illegal under federal law, and therefore the entire Act (Senate Bill 8) may be invalid on its terms unless the federal law changes," wrote Michael Cox, the director of criminal prosecutions for the Attorney General's Office. The analysis does not represent a formal attorney general's opinion. Sen. Roman Maes, the sponsor of Senate Bill 8, said he doubts the issue will surface again before the session ends Thursday. "I don't think we have enough time," said Maes, a Santa Fe Democrat. - --- MAP posted-by: Richard Lake