Pubdate: Sat, 02 Mar 2002
Source: Santa Fe New Mexican (NM)
Copyright: 2002 The Santa Fe New Mexican
Contact:  http://www.sfnewmexican.com/
Details: http://www.mapinc.org/media/695
Author: Steve Terrell

DRUG-REFORM LOBBYIST ADMITS ERROR

Backers of a bill to legalize marijuana as a medicine for some seriously 
ill patients might have doomed that bill in this year's Legislature with a 
"tactical error," a drug-reform lobbyist said Friday.

Former Gov. Toney Anaya, a lobbyist for the Lindesmith Center, talked about 
the medical-marijuana bill immediately after Gov. Gary Johnson signed into 
law several drug-related laws that made it through the Legislature.

The medical-marijuana proposal, sponsored by Sen. Roman Maes, D-Santa Fe, 
died when the Senate Judiciary Committee voted 5-5, killing a do- pass 
recommendation.

A subsequent attempt to revive the bill on the Senate floor failed 
overwhelmingly.

Anaya said he and other medical-marijuana proponents should have accepted a 
proposed amendment from Sen. Bill Payne, R-Albuquerque.

That amendment, Anaya said, would have required any state medical marijuana 
to comply with federal Drug Enforcement Agency regulations.

The amendment also provided for "get-out-of-jail-free" cards for patients 
participating in the program, effectively stopping their being prosecuted 
for drug possession, Anaya said.

"At the time, those advising Sen. Maes at the committee hearing thought 
this amendment would have undermined the bill," Anaya said.

But in retrospect, he said, the bill's backers should have accepted the 
amendment. "To my knowledge, there are no DEA regulations pertaining to 
this," Anaya said.

Also working against the medical-marijuana proposal, Anaya said, was a 
Supreme Court decision against a California medical-marijuana club. "That 
created a lot of confusion," he said, adding he thought bill opponents 
purposely used the court decision to cloud the issue.

Anaya mentioned a letter from DEA chief Asa Hutchison opposing the bill 
that also influenced some senators.

In 2001, near-identical medical-marijuana bills passed both the House and 
Senate. However, neither bill passed both houses, so neither made it to the 
governor to be signed.

Johnson said he was disappointed the medical-marijuana bill - and one to 
decriminalize the possession of small amounts of pot - didn't make it to 
his desk.

"But, being a realist, I'm glad we got the ones we got," he said Friday.

Johnson said he was happy to sign Senate Bill 5, which requires offenders 
be convicted of a crime before the government can permanently seize their 
property.

He vetoed a similar measure during his first term. Johnson said that veto 
was one of his biggest mistakes he has made as governor.

Johnson made drug-law reform a priority during his second term, gaining 
national attention.

He hinted to reporters Friday he might be taking some kind of position as a 
drug-reform advocate on the national level. He declined to give details.

Among the bills Johnson signed bills Friday:

* House Bill 26, which gives judges the power not to impose extra prison 
time for some nonviolent habitual criminals.

* SB263, which sets up a commission to oversee the early release of certain 
nonviolent prison inmates.

* HB11 and SB129, both of which allow convicted drug offenders to receive 
federal benefits after being released from prison.
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MAP posted-by: Keith Brilhart